The cost of a criminal defense lawyer in Tennessee varies according to many factors. Every attorney and firm will have different rates, so it’s important to discuss fees with a potential attorney before you hire them. If your case is more complex, has more serious charges, requires significant resources, or is expected to go to trial, you can expect higher rates. Many criminal defense lawyers also charge an upfront retainer fee to reserve their services.
Fort Campbell Military Defense Lawyer
As a military service member or officer, your job is to protect the rights and the freedom of every American citizen. But if you are facing military justice proceedings, who will protect your rights? If you are facing child custody or other family law concerns, who will serve you?
We will – a Clarksville top law firm for military law and divorce. A skilled attorney from Mathis, Bates & Klinghard PLLC (MBK Legal) can act as your Fort Campbell military defense lawyer.
Family law cases can be emotional and complex, and complications from active-duty service or military benefits can make these issues even more difficult. Military disciplinary proceedings or a court martial are not factors in other criminal defense cases. In addition, filing for bankruptcy is an unfortunate reality for many service members, but it may impact them differently.
In each of these cases, it’s crucial that the legal representative service members choose is compassionate and experienced in the unique complexities of military law.
Legal Representation for Fort Campbell Service Members
At Mathis, Bates & Klinghard PLLC (MBK), we proudly serve officers and service members in all types of military law matters. From our home office in Clarksville, TN, a military lawyer can represent clients who are stationed in nearby Fort Campbell and anywhere in the country or overseas. We handle military divorce and family law matters and defend clients against alleged UCMJ violations and Court Martial proceedings.
Our team has more than 50 combined years of legal experience, and we are proud to support service members in our community.
Military Family Law
Divorce and other family law matters are stressful and complicated for anyone, but especially for those who are serving in the military. Issues involving child custody and other divorce matters for those stationed out of state or out of the country are of particular concern, as are issues of dividing military benefits. Thankfully, our Clarksville top law firm for military law and divorce can help.
One or both spouses or parents being in the military can complicate family law proceedings in many ways. The military can affect the following aspects of family law cases:
Divorce Jurisdiction
When a couple files for a divorce, they file the petition in the state and county in which they meet the residency requirements. Some states have unique requirements for service members who are stationed in the state. This affects the courts in which spouses can file for divorce, which can have a significant impact on the divorce outcome, depending on state laws. It’s important to determine your options for filing a divorce petition, particularly for the ease of travel for both spouses.
Default Judgments
Under the Servicemembers Civil Relief Act (SCRA), service members on active duty have protection from default decisions in civil cases. This applies if a civilian spouse files a divorce petition while a service member spouse is deployed. The court cannot enter a default decision against the servicemember, as they are unable to respond due to their deployment. Service members can agree to the divorce in writing, but it’s important to understand the consequences of that decision.
Property Division
Property division involves spouses dividing assets and debts that are considered marital property. Tennessee and Kentucky are both equitable distribution states, so the court will divide marital property equitably, not necessarily equally. Spouses who would like to choose the division of their own assets can create a separation agreement outside of court.
Division of property in a military divorce is more complicated. There are military benefits to consider, including military healthcare and pensions. Depending on the circumstances of the marriage, these are typically considered marital property, and, therefore, both spouses may have a right to the benefits.
However, this varies based on several factors, the most significant being the duration of the couple’s marriage, the duration of the service member’s duty, and for how long those periods overlapped. These specifics will affect how long a spouse is entitled to military healthcare benefits and how they are entitled to be paid their portion of a military pension. To understand what a civilian spouse is entitled to in your unique situation, it is crucial to talk with an attorney.
Support Orders
In a divorce case, the court may order spousal support, or alimony. In a divorce, separation, or paternity case, the court may order child support. These support orders provide financial support for a child or ex-spouse. However, the military also has its own requirements, ensuring that service members provide for the financial well-being of a spouse or dependent.
These support orders may be applicable while a family waits for the court to make decisions regarding support. If you are unsure of whether you can request military support from a service member spouse or co-parent, or if you are a service member who is uncertain about the requirements, you should talk with an attorney.
The military can also enforce support orders, both orders created by the military or by the family court. When a service member fails to provide their family with support, their commander or the military can take action.
Child Custody
Child custody cases, which often arise during a divorce, determine the right each parent has to make decisions for and spend time with their children. When one or both parents are active military members, this can lead to more complications. Although both parents want to spend time with their children, the constant relocation and absence of a military parent can make it difficult to do so.
The court may order third-party custody or require a military parent to always have custody while on leave. There are many other unique circumstances in a family’s life that can alter custody decisions, and it’s crucial to have an attorney by your side to protect your parental rights and the safety and interests of your children.
Military custody cases often require creative solutions to enable both parents to have maximum time with their children. A parenting plan must address deployment, relocation, and other unique issues.
Our attorneys understand these issues and how to manage them for our clients in the military. We will help you through the process to protect your rights and interests.
Military Justice
Our lawyers also serve military service members and officers in UCMJ (Uniform Code of Military Justice) hearings/Article 15 actions and other aspects of military criminal law. We know how these processes work. Our legal team will help you prepare a strong defense and represent you at all hearings. These cases work differently than other criminal cases, and you need an attorney who understands these unique issues.
Our firm can help you approach and prepare for administrative and disciplinary hearings, as well as for more serious issues that may even result in a court-martial trial. We can help you determine the benefits and drawbacks of an Article 15 hearing versus a court-martial and effectively protect your rights throughout the process.
Military laws and regulations are complex and can have serious consequences on your service. If you have been accused of misconduct, violations, or criminal acts, these issues are addressed through non-judicial punishment or court-martial. In this case, it’s important to discuss the situation with an attorney. Their advice can be invaluable.
Negative outcomes can result in the loss of your rank, a deduction in your pay, the loss of your benefits, and other restrictions and penalties. It’s important to have as much legal protection against these outcomes as possible.
If you are facing military justice proceedings at Fort Campbell, anywhere else in the U.S., or overseas, this is not a fight you should engage on your own. We have the knowledge and experience to help you.
Military Personnel and Bankruptcy
Active-duty military personnel and disabled veterans can have special considerations when facing insurmountable debt. Disabled veterans may be eligible to file for bankruptcy without having to prove their income. This can help some service members protect their own financial future by providing some level of debt relief. Meanwhile, filing for bankruptcy can affect the security clearance of active-duty personnel.
It’s important to understand how bankruptcy can affect you and your future, as well as what you qualify for. Our attorneys are here to help you make decisions regarding bankruptcy that serve your best interests.
Why Should I Hire an Attorney for My Military Case?
By working with an attorney for legal advice and representation as a service member, you are more likely to secure a beneficial outcome to the case. This is the case in military hearings and actions, as well as in family law cases.
An attorney who has worked for decades in cases related to military law has significant resources and skills they can bring to your case. In military law cases, a civilian attorney can provide useful insight. Their experience in military and civilian law may also bring a faster resolution to the case.
FAQs:
What Is the Burden of Proof for Article 15?
The burden of proof for Article 15 is a preponderance of evidence, which is a lower burden of proof than in a court-martial or civilian criminal trial. A court-martial uses the standard of proof of “beyond a reasonable doubt,” which requires much more proof to meet. Article 15 is a non-judicial punishment, allowing disciplinary action for less serious offenses committed by service members.
Service members have the ability to refuse Article 15 proceedings, but they should always discuss this choice with an attorney.
How Is Military Retirement Divided in a Divorce in Tennessee?
How military retirement is divided in a divorce in Tennessee depends on a couple’s unique circumstances. In Tennessee, military retirement is considered marital property. Tennessee is an equitable distribution state, meaning that spouses are entitled to a fair portion of marital assets.
If spouses would like to avoid putting the final decision in the hands of the court, they can decide how to divide assets, including military pensions, outside of court. Military pensions may be paid directly to a civilian spouse if the marriage has lasted a certain amount of time.
How Do You File for Divorce in the Military in Tennessee?
To file for a divorce in the military in Tennessee, you file just as you would as a civilian: through the family court if you meet the residency requirements in the area. This is true whether you are an active-duty service member or are married to one. If you are a civilian spouse, one complication may be that an active-duty spouse has protections against default court decisions. The case can be postponed until they are able to respond to your petition.
Contact MBK – Clarksville’s Top Law Firm For Military Law & Divorce
To get the legal representation you deserve, speak to one of our attorneys. At Mathis, Bates & Klinghard PLLC (MBK Legal), we can help you protect your rights as a service member in family law proceedings, military disciplinary hearings, and other types of cases. You don’t need to face the legal process alone. You can schedule your consultation online or call us at (931) 919-5060 to learn more about your options.
