Military Divorce Attorneys

The emotional strain and hardship of divorce affects everyone in the family. When military families go through divorce, additional complications arise with custody, military pensions, military healthcare, property and more. Fender Law Firm will make sure you understand your rights and we’ll fight for what’s fair.

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Beaufort’s Military Divorce Attorney

Whether you’re a military service member or a military spouse, you likely have very specific questions about what happens in the event of a divorce.

— Will my kids still qualify for Tricare health benefits?

— Is TSP marital and is it divisible?

— How does custody work during deployments or a change of duty station?

— Can I relocate after the divorce?

The Fender team knows military law and how it can be applied to your unique family situation so you’re able to end your marriage with peace of mind. We are dedicated to securing positive outcomes for all of our clients, including service members and their spouses, in the Fourteenth Judicial Circuit, including Beaufort County, Jasper County, Colleton County, Hampton County, and Allendale County. Our reputation for results is second to none.

Get an experienced military divorce team on your side.

When it comes to military divorce, the right representation can make all the difference. Factors including the number of years married, a military member’s rank and the military spouse’s employment situation all come into play.

Child Custody

When military members are deployed or get a PCS, custody and parenting agreements can become extremely complicated. Our Beaufort child custody lawyers will work with you to put your children’s best interests first.

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Division of Assets & Debt

Military families may have homes in different states and VA loans, in addition to other assets and debts. The division of marital property is challenging when the military spouse has been unemployed. Understand your rights and obligations.

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Military Benefits

Military spouses and their children are entitled to a share of the service member’s Thrift Savings Plan (TSP), Survivor Benefit Plan (SBP), military pension and tricare health benefits (children only). Fender Law will ensure you get what you’re owed.

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Spousal Support

Most military spouses sacrifice rewarding careers and employment opportunities to look after the family. Starting over after a divorce will require financial support. Our team will ensure you get the resources you need to begin your new journey.

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Proudly serving the Beaufort community for three generations

We bring over 25 years of experience to your case and will work patiently and tirelessly to bring you peace of mind.

Our roots run deep and date back to the Dowling & Dowling firm founded in 1941. Attorney Addison Fender continued his family's legacy in 2010 when he and his wife Tracy, one of the county's most experienced paralegals, opened Fender Law Firm. Guided by the practice's long standing values of compassion, honesty and fairness, our highly skilled team offers family legal services in the Fourteenth Judicial Circuit, including Beaufort County, Jasper County, Colleton County, Hampton County, and Allendale County. Beaufort, Blufton, Hilton Head and surrounding areas.

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Frequently Asked Questions

Fender law Firm

Can a Military Member Get a Divorce While on Active Duty?

Certainly, a military member can seek a divorce while on active duty - but the Servicemembers Civil Relief Act safeguards those currently enlisted. This legislation gives certain protections to servicemen and women if they are deployed or actively serving when proceedings begin, such as postponing processes if needed. To ensure that your rights remain secure throughout this process, consult with an attorney who is well-versed in these distinctive military regulations for divorces.

Who Can File for a Military Divorce?

In a military union, both spouses have the right to file for divorce without facing any form of discrimination. To pursue this course of action successfully, however, it is essential that whoever chooses to initiate the process must meet all criteria necessary for filing in federal court. Moreover, throughout their proceedings they will be subject to various laws such as USFSPA and SCRA which encompass the entirety of military divorces.

How Is Property Divided in a Military Divorce?

During a marriage, any assets and property obtained are typically classified as marital property that is subject to division in the event of divorce. Nonetheless, laws governing military possessions, such as those established by USFSPA and SCRA must be acknowledged when attempting to resolve issues involving distribution of pension or protections for active duty service members. Therefore, it's essential for both parties involved to understand their rights and responsibilities under these legal requirements in order to guarantee justice concerning possession separation during a military divorce.

Can a Military Member’s Spouse Get a Portion of Their Pension in a Military Divorce?

Indeed, a military member’s spouse may be entitled to part of their pension in the event of divorce. The USFSPA allows for dividing some of a military service person's retirement pay with an ex-partner. How much and how long they were married are essential variables that will define the division amount.

How Much Does a Military Law Attorney Cost for Divorce?

The expense of hiring an experienced military law attorney to assist with a divorce may vary, depending on elements such as the intricacy of the case, the reputation, and experience held by your chosen legal representative, as well as their office's location. Generally speaking though, these attorneys usually charge an hourly fee between $250 - $500 (or higher) for their services. In addition to this cost you might be asked for a retainer up front; possible charges could span from hundreds or even thousands. Prior to hiring an attorney, it is essential to discuss the fees and payment terms; this way, you can make sure that both parties comprehend the costs beforehand and are content with the arrangement. Experienced Military Divorce Lawyers You Can Trust To secure the best outcome in your military divorce, it is important to consult with a qualified and experienced South Carolina military divorce lawyer from Fender Law Firm. Our experienced attorneys are familiar with the complexities of military divorce and can provide valuable guidance throughout the process. We understand the relevant laws and regulations, and we can help you protect your rights and interests. With our assistance, you can ensure your divorce is handled efficiently and effectively without unnecessary delays or complications. Contact us today to get started.

Book a Consultation

If you find yourself in need of Family Law representation, don’t wait another day to reach out and set up a consultation. Put the experienced team at Fender Law Firm on your side to help reach your goals. Call 843-379-4888 right now, or fill out the form below.