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David R. Hartwig, Esq.
Family Law & Divorce Attorney & Counselor at Law Veteran Military Discount

Military Divorce or Paternity Actions

Military Divorce or Paternity Actions - Active Duty Service Members, Military Retirees, and Veterans.

What is a military divorce, paternity action, or changes to any existing relating orders? It is a civil case involving a service member, military retiree, or veteran with military benefits, addressing or touching on divorce, custody, support, property, or retirement issues. Technically, it is not a military action, under the UCMJ. The rules applying to all aspects of family law cases fall under state law, in this instance, Utah. The residential requirements for cases in Utah are governed by Utah law, as are any related issues such as custody, parenttime, child support, alimony, property and debt division, and retirement.

Family law cases involving service members raise a number of unique issues, from understanding the pay structure, deployment issues, and retirement (including the 10-10 and 20-20 rules). I understand the distinctions of military retirements, such as the fact that it is not a retirement in the traditional sense (the service member must actually retire), to the fact that even if the spouse was not married for 10 years of service, the spouse can still make claims for the retirement, though not being paid through DFAS. I also understand military residency, the ability to designate a state of residence while on active duty and assigned to bases in other places. Whether you live on base at Hill or Dugway, or in any of the surrounding areas like Ogden, Farmington, Salt Lake, or Tooele, I understand and can work with you.

I have handled divorce, custody, retirement, and protective order cases for service members, military retirees, and veterans in Salt Lake City, Farmington, Provo, and Ogden to name a few towns. My experience runs from assisting a service member who obtained his professional degree through the military who was being commissioned and posted to his first duty station in a divorce, with custody issues, through assisting an active duty service member defeat a child protective order accusing the service member of abusing the child. I have assisted with retirement and support issues. And, I have been involved in appeals concerning military service in a family law setting. I have been involved in cases where the Servicemembers Civil Relief Act, and Utah’s statute concerning visitation issues during deployment. In my 30-plus years, I have helped a number of service members in a wide range of cases. Those cases were heard in Weber, Davis, Tooele, Salt Lake, and Provo counties. So, I do travel and appear where needed.

As a veteran, I served on active-duty from 1971, through 1975, and was offered E-6 (sonar technician, first-class) if I extended, I know what it is to serve. To that end, and in recognition of all who have served, I offer a 20% discount off of my regular hourly rate in representing active duty service members, or veterans (general discharge or better). All I need is a copy of your active duty military service, or your DD-214.

Contact me online or call me at 801-833-0822 to schedule a consultation. I provide the quality legal representation you need during this difficult time. And remember, I get back to my clients within one business day.

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