My husband and I have joint legal custody and joint physical custody of our three children. We both live in Montgomery County. The children go to private school. Can I move without getting a court order?
Answer:
Military Divorce
Montgomery County Military Divorce Lawyer
Experienced Legal Support for Military Divorce in Pennsylvania
At Shemtob Draganosky Taylor Stein, PC, we are committed to providing comprehensive legal services to our clients in Montgomery County and beyond. Our team of experienced attorneys understands the unique aspects of family law, including military divorce cases. When it comes to military divorce, unique challenges and complexities can arise that require the knowledge of a seasoned legal professional.
Call Shemtob Draganosky Taylor Stein, PC today at (215) 544-3974 or contact us online to schedule a meeting with our military divorce attorney in Montgomery County!
Understanding Pennsylvania's Military Divorce Requirements
Military divorce cases in Pennsylvania are subject to specific legal requirements that differ from civilian divorces. Understanding these requirements is crucial for a successful resolution. Here are some key points to consider:
Residency Requirements: In Pennsylvania, you or your spouse must have been a state resident for at least six months before filing for divorce. Military service members may still meet these requirements if they are stationed in Pennsylvania or have maintained their Pennsylvania residency.
Filing for Divorce: When filing for a military divorce, choosing the appropriate jurisdiction, which can be your spouse's state of residence, where you are stationed, or where you have legal residency, is essential. Determining the proper jurisdiction can significantly impact the outcome of your case, so seeking legal counsel is advisable.
Key Differences in Military Divorce Proceedings
Military divorces often involve unique complexities that civilian divorces do not. These differences require a keen understanding of military regulations, benefits, and the intricacies of family law. Here are some key factors that set military divorces apart:
- Uniformed Services Former Spouses' Protection Act (USFSPA): The USFSPA governs the division of military retirement benefits in divorce cases. It allows state courts to treat military pensions as marital property, ensuring the non-military spouse receives a fair share of these assets. Understanding the USFSPA is critical to securing your financial future during a military divorce.
- Deployment and Child Custody: Frequent deployments and relocations are common in military life, complicating child custody matters. It's essential to create a parenting plan that accommodates the unique circumstances of military service, ensuring the best interests of your children are protected.
- Healthcare Benefits: Military families often rely on TRICARE for their healthcare needs. In a military divorce, it's crucial to address healthcare coverage and ensure that dependents are protected post-divorce. Our experienced attorneys can help you navigate this complex issue.
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I have to pay my ex-wife alimony for four more years. She is living with her boyfriend. Can I stop the alimony?It depends on what your property settlement says. If you have a property settlement agreement that is silent on whether or not alimony terminates upon remarriage or cohabitation, then it may not. Usually, the property settlement agreement will address that and say if it’s modifiable or if it terminates upon remarriage or cohabitation. If you did not reach a property settlement agreement, but instead went to court, and a court issued an order requiring you to pay alimony, then it is modifiable and you can petition to end the alimony as a result of the cohabitation.
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Can I move without a court order if we have joint custody and both live in Montgomery County?
Scenario:
The question really is if it will interfere with his ability to have his custody. In other words, if the children are continuing in their same private school and the drive back and forth to school and to his house doesn’t change his ability to have custody, then you likely do not need court permission. However, if the distance between your new house and your old house would significantly impact his ability to spend his time with the children, then it may be considered a relocation. This is unlikely but is certainly something to consider.
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My ex keeps taking me to court over minor parenting issues. Is there a way to stop the legal costs from adding up?
Scenario:
The father of my children and I can’t agree on anything. We can’t agree on the color of the sky. He has brought me back to court at least five times on minor issues, such as whether or not our daughter's “Blankey“ should go back-and-forth between households and whether or not I need to send diapers to his house. Is there anything I can do to stop the financial bleeding in this case?
Answer:
Pennsylvania has just recently reinstated parenting coordination. It became effective on March 1, 2019. You can request that the court assign a parenting coordinator to address these kinds of issues. They will make decisions quickly, and it is much more cost-effective. A parenting coordinator has to be an attorney who has practiced family law for at least five years or a psychologist with a minimum of a master’s degree. In addition, either the psychologist or the attorney has to have significant training in parenting coordination.
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"Highly experienced, client-focused and efficient service"
I appreciated David Draganosky’s informed guidance and willingness to move forward diligently, which set the stage for a favorable resolution. Your firm’s reputation for highly experienced, client-focused and efficient service is well-deserved.
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I was wary about my rights as a father with my children and concerned about having enough time with them during the week and for holidays and breaks from school. Your help in hammering out a very detailed and fair custody agreement was appreciated more tha- Former Client
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Lori Shemtob and her associates were the perfect choice. Lori has the perfect demeanor to defuse any volatile situation.- Former Client
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Cynthia’s practical knowledge of negotiation and the law helped me in a tense situation where my ex-husband did not want me to take the kids with me and then refused to pay any support.- Former Client
Timeline Expectations for Military Divorce Cases
The duration of a military divorce can vary depending on several factors, including the case's complexity, the willingness of both parties to cooperate, and the jurisdiction where the divorce is filed. Here are some general timelines to consider:
- Uncontested Military Divorce: If both spouses agree on all aspects of the divorce, including property division, child custody, and support, an uncontested military divorce can be relatively quick. The process can take as little as a few months in such cases.
- Contested Military Divorce: A contested military divorce can be significantly more time-consuming when spouses cannot agree on key issues. These cases may take several months or even years to resolve, especially if they involve complex financial matters or child custody disputes.
- Deployment and Delays: Military deployments can also impact the divorce timeline. If one or both spouses are deployed during the proceedings, it may lead to delays and logistical challenges. However, legal experts can help navigate these issues to ensure the process moves smoothly.
