If you’re military, you’re probably used to availing yourself of all the amenities military life offers. If you had a landlord/tenant issue, for example, you’d probably go to base legal, or speak to a JAG attorney – and, in many ways, a divorce feels no different. Right? You need legal advice, you go to the appropriate military resource for that particular problem.
The problem is, though, that family law specifically is a very state-specific area of the law. In order to practice as an attorney in a family law case – so, a case involving divorce, child custody, child support, or spousal support – you must be an attorney licensed in that state. Military attorneys practice military law. They are usually admitted to the bar in a state, but not necessarily the state where they are currently stationed. Even if you happen upon a unicorn – a military JAG attorney barred in Virginia – that attorney does not practice family law in a real or meaningful way.
I don’t say that to be a dig. I, too, am licensed in Virginia, but I’ve never practiced in wills, trusts, and estates – so, even though I COULD technically give advice (hey, I’m licensed!), I wouldn’t. I just don’t know enough. Or, maybe more accurately, I know *just* enough to be dangerous, but not enough to really protect anyone seeking my advice. For my own estate planning work, I engage the services of a lawyer who practices in that area.
Family law – like estate planning, or personal injury, or criminal law – changes all the time, is incredibly nuanced, and requires ongoing engagement for a lawyer to be really competent. I am certain that military law is the same and, if you had a military law question, you could do no better than a JAG attorney. But family law and military law have few, if any, parallels.
For your divorce, child custody, and support related questions, you should be consulting with a family law attorney licensed in the state where your case will take place.
Does that mean I can’t make an appointment with a JAG attorney?
Probably not. JAG attorneys often ARE willing to have consultations with military service members and their spouses. In fact, if you get to the JAG attorney first, they will be conflicted out and unable to meet with – or provide guidance to – your husband, which is a sort of one-upmanship game that a lot of people seem to like to play.
The quality of advice that you will receive is uncertain, to say the least. Probably most JAG attorneys will tell you they can’t represent you in the Commonwealth of Virginia and recommend that you speak to someone who can. Some, though, will do the whole thing – give a consult, give legal advice and, in the worst cases, even draft agreements.
How can I get a JAG attorney to draft my separation or custody agreement?
I don’t really know. JAG attorneys aren’t supposed to draft separation or custody agreements. Sometimes, though, they do.
In fact, the separation agreements that I’ve seen JAG attorneys write are right up there with the worst agreements I’ve ever seen non-lawyers write. (Like me in wills, trusts, and estates – they know *just* enough to be downright dangerous.) In fact, I saw one very recently that inspired me to write on this topic again.
You could ask a JAG attorney to draft an agreement, but a good one would tell you no. A good one would likely say that this isn’t really their practice area and they don’t want to take a gamble with your future that way. They want to be sure you’re well-represented and that you get up to date, Virginia specific advice from someone who knows better than they do what your rights and entitlements are under the law.
The ones who’ll draft an agreement are, I’m sure, just trying to help – but it doesn’t help you if you end up with less than you are entitled to receive or if things are extra complicated, whether because your agreement is unclear or ambiguous. I always say that my job is twofold: I (1) help my clients get divorced and (2) keep them out of court later! It’s very little consolation to get divorced now, only to find that you have a super expensive, stressful, and time consuming issue that still has to be resolved!
I’m military. What would you suggest I do?
If it makes you feel better, go to the JAG office! Ask the questions! Talk to a JAG attorney. It’s a resource and you can use it.
If the JAG attorney will draft an agreement, let them, if you want. But – before you sign, and before you have your soon-to-be ex sign – at least (at the very, very least) have it reviewed by an attorney beforehand. Yes – even if it looks good to you!
You don’t have to retain an attorney to talk to one. We often do consultations where we review agreements drafted by mediators or other attorneys; it wouldn’t be a problem to review your JAG-attorney-drafted agreement, either. And, if you decide you can do better, you can either make edits yourself or hire the other attorney to improve on the previously drafted agreement.
I’m not saying, “Hey, in the blink of an eye, stop trusting these military resources that you’ve spent your career/your marriage relying on,” because I know that might seem jarring. Use the resources, if you want. But definitely make sure you double check before you sign an agreement. Once you sign, there’s no backing out!
In the meantime, you can do some of the research yourself, too. Download a copy of our military divorce book for Virginia women, or consider attending one of our Virginia divorce seminars.
There’s a ton of information out there and it can be confusing, but you’re on the right path! For more information, give us a call at 757-425-5200 or visit our website at hoflaw.com.