Blogs from October, 2018

There’s a reason that the divorce rate for military spouses is over 50%. Sustaining a military marriage can be incredibly taxing when active duty spouses are deployed far from home for long periods of time. When a couple has to struggle through long tours of duty and countless anxieties about the future, it’s understandable that they may choose divorce as a solution to their relationship difficulties.

The military divorce process can be surprisingly complicated if a spouse is deployed overseas. Fortunately, the Servicemembers Civil Relief Act (SCRA) can protect servicemembers from coming home to an unfair divorce settlement. However, SCRA can’t make exceptions when it comes to paying spousal support payments. In fact, the United States military has remarkably strict rules when it comes to spousal support and child support obligations.

In Virginia, the court can award the following spousal support orders:

• Temporary spousal support
• Rehabilitative spousal support
• Permanent spousal support

In Virginia, a judge may order a spousal support order if one former spouse is at an economic disadvantage due to the divorce. This order can be rehabilitative or permanent depending on the former spouse’s needs. This financial aid is intended to help the spouse live comfortably as they pursue new educational or career opportunities that may allow them to transition to a single income.

A servicemember can modify or dismiss this spousal support order under the following conditions:

• Once spouse dies
• The receiving spouse starts living with a new romantic partner
• The receiving spouse remarries
• The paying spouse faces a lasting change in their financial circumstances

Temporary Support Orders

Each military branch has unique rules and regulations regarding temporary spousal support payments. Servicemembers are still required to make payments even if a state court order hasn’t been issued. For example, the United States Marine Corps and the United States Navy order their servicemembers to pay their former spouses 1/3 of their gross pay. Likewise, the United States Army requires their soldiers to pay their exes the financial equivalent of their basic housing allowance.

The Consequences of Not Paying Spousal Support

All divorced military servicemembers are required to fulfill their court-appointed spousal support orders. Any servicemember who fails to provide financial support to their former spouse may face administrative discharge proceedings and wage garnishment.

Have Questions? Schedule a Consultation

Both Virginia law and the military have very complex regulations regarding spousal support. Contact The Law Offices of Daniel J. Miller if you have any concerns about your spousal support order or need to request a modification. Our lawyer can also represent your divorce case and ensure that you attain a beneficial divorce settlement.

Contact The Law Offices of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a consultation.

The basic structure of a police procedural episode is simple: an incident occurs, the police investigate, the mystery is seemingly solved, and the defendant is slapped with an assault and battery charge right before the credits roll. Real life isn’t so cut and dry, and there are countless legal nuances that must be considered if you’re charged with assault and battery. For example, many defendants who are charged with assault and battery don’t even realize that they may be facing two different court cases.

Defining Assault & Battery

Despite popular misconceptions, “assault” and “battery” are not the same offense. Legally, assault is the intentional threat of violence against another person. Even if a physical attack doesn’t take place, an alleged offender can still be charged with assault so long as the victim reasonably feared for their safety. However, an alleged offender can only be charged with battery if the intended threat is carried out.

A battery offense requires the following:

• The victim was physically touched
• The contact was harmful or offensive
• The victim did not give consent

Criminal Assault & Battery

Criminal cases are prosecuted by the state for the purpose of safeguarding public welfare. In Virginia, assault and battery is considered a Class 1 Misdemeanor which can lead to jail time and a $2,500 fine.  If you’re charged and arrested in Virginia, it’s imperative that you seek legal representation if you want to keep a conviction off your criminal record.

Civil Assault & Battery

Even if a convicted offender pays their dues and serves their time, it doesn’t necessarily mean that they’re off the hook. Per the statute of limitations for assault and battery, a plaintiff has 2 years to file a civil lawsuit against a defendant. The defendant doesn’t have to fear jail time, but they may have to pay compensation that accounts for the plaintiff’s medical expenses, lost wages, and any punitive damages as determined by the court. However, once the statute of limitations passes, the defendant can legally request that the case be dismissed.

Learn More by Scheduling a Consultation

If you’re charged and arrested for a crime, it’s imperative that you have a thorough understanding of your legal rights. Without experienced legal guidance, you may find yourself facing the financial penalties of a criminal conviction and a civil lawsuit. Our lawyer can investigate your assault and battery case and litigate in court on your behalf. Our firm has provided criminal defense representation for over 25 years.

Contact The Law Office of Daniel J. Miller at (757) 267-4949">(757) 267-4949 to schedule a consultation.