Question: Can my VA Disability Pay be divided as community property?
Answer: No, this benefit will not be directly allocated to the non-member spouse. However, the court may consider the Disability Pay in determining child support, maintenance and property and debt division.
Question: What is the best way to find an attorney to represent me?
Answer: Because of the various protections available, it is best to find an attorney who is conversant in military-related divorce matters. Furthermore, you need find an attorney who is licensed to practice in the state where the divorce action is occuring. The best resource may be a referral from a friend or family member. Another way is to call your local Bar Association and ask them if they have a list of local attorneys who practice in military-related divorce matters. Many lawyers offer a free initial consultation, and you should be able to make a choice after consulting with a few.
Question: What other protections are there for those serving in the military
Answer: The other federal protections for service men and woman are numerous and range accross a broad range of issues including jurisdictional issues (the proper state for the divorce proceeding to be held) and protections concerning militrary retirement and disability benefits.
Erik Bjornson is an attorney in Washington State and a partner in the firm of Kanarowski, Bjornson & Platter in Tacoma, Washington and practices extensively in family and divorce law. His military and retired military current and past clients are located in a variety of states and countries around the world but all concern family law matters in Washington State.
His web site is located at www.tacomaattorney.com.
Disclaimer: The above information is for general use only and should not be relied upon for legal advice. You should consult an attorney licensed to practice in the state where your legal matter is located.
