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Military Law Questions & Answers
2 Answers | Asked in Civil Litigation and Military Law for Washington on
Q: How do I get my law firm access to my dd14 when the firm and I are in different states?
T. Augustus Claus
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answered on Sep 21, 2023

If you need to get your law firm access to a DD Form 214 (often just referred to as "DD214"), which is the Certificate of Release or Discharge from Active Duty, you have several options. You could physically mail a copy or securely email a scanned copy if digital transmission is... View More

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2 Answers | Asked in Military Law for Oregon on
Q: If I'm active duty and my Missouri drivers license expired during training am I still able to drive despite this.

If so do I need a document if I get pulled over.

T. Augustus Claus
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answered on Sep 21, 2023

In many U.S. states, active duty military personnel are given some leeway when it comes to the expiration of their driver's licenses while they are deployed or in training. Missouri is one of those states that offers this extension. According to Missouri law, if you are an active duty member... View More

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2 Answers | Asked in Military Law for Washington DC on
Q: As a veteran can being unfaithful affect My VA benefits

If receiving benefits for being married, I empregnate another woman, how can this affect My benefits

James L. Arrasmith
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answered on Sep 21, 2023

Infidelity itself does not directly impact VA benefits based on marriage. However, if the child born to another woman is legally recognized as your dependent, it may affect your benefits depending on your specific circumstances and eligibility criteria. It's advisable to consult with a legal... View More

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1 Answer | Asked in Personal Injury, Military Law and Criminal Law for Nevada on
Q: is it legal to carry a real katana on your waist in nevada ?

and is it illegal to draw your katana while not in self defense situations?

James L. Arrasmith
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answered on Sep 11, 2023

In Nevada, it is generally legal to openly carry bladed weapons, including katanas, but using it in a manner perceived as threatening or dangerous could potentially lead to criminal charges such as assault or brandishing a weapon. Regarding drawing your katana in non-self-defense situations, doing... View More

1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Military Law for California on
Q: In Case law #22-1099, McAnuity v McAnuity,, 10th Cir.2023, issue:Was a stated case made 4"unjust enrichment' ?

District Ct. dismissed. Appeal-made; 10th Cir CT of appeals predicted CO.Supreme CT of endorsing illustration 26 in Comment g & 48 of "Reinstatement (3rd) of Restitution ON & Unjust Enrichment (Am L. Instit. 2011)(The Reinstatement)(3rd)as cause of action; Col Sup Ct WOULD endorse Ill.... View More

James L. Arrasmith
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answered on Sep 3, 2023

Given that the case you're referencing pertains to the 10th Circuit and Colorado law, California law might not be directly applicable. However, generally speaking, unjust enrichment claims can be brought against an estate if the decedent received benefits to the detriment of another. Whether... View More

1 Answer | Asked in Juvenile Law and Military Law on
Q: i am wondering if i would be able to date someone who is 23

i am 16 and live in Alberta. The person i would like to date is not in any position of power such as a mentor, instructor, however they do work in the military.

James L. Arrasmith
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answered on Sep 11, 2023

In Canada, the age of consent for sexual activity is 16 years old, but there are exceptions where the older person is in a position of trust or authority over the younger person, or where the relationship is exploitative. Given the age difference and the fact that the person works in the military,... View More

1 Answer | Asked in Family Law, Civil Litigation, Elder Law and Military Law for Oklahoma on
Q: A first cousin is trying to take everything that my parents owned, what do I do? I have no way to pay an attorney.

I lost both my parents in one year. I was not informed of my mothers passing until she had been dead three days. My sister proceeded to have me thrown off my parents property. She embezzled money from him and then when he thought he was making my first cousin power of attorney she filed a will... View More

James L. Arrasmith
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answered on Sep 11, 2023

I'm really sorry to hear that you're experiencing this. It sounds like a really difficult situation.

In a situation like this, it is crucial to get legal assistance. Even though you mentioned that you cannot afford an attorney, you still have options. Many jurisdictions have...
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2 Answers | Asked in Gov & Administrative Law, Military Law and Criminal Law for Florida on
Q: I was never convicted in an Administrative Hearing in 2002 USMC, but my CO recommended Discharge anyway.

I received an Honorable Discharge. When applying for a job, the arrest record of 2002/2003 shows. Can I get that arrest record expunged? If so what are the steps?

James L. Arrasmith
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answered on Sep 11, 2023

The process of expunging an arrest record can vary significantly based on jurisdiction, the nature of the offenses involved, and other factors.

In general, to pursue expungement, you would likely want to take the following steps:

Review your Eligibility: Different jurisdictions have...
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2 Answers | Asked in Family Law and Military Law for Washington on
Q: How far from base can you live? My ex is stationed at JBLM WA and "moved" to Michigan.

Is this legal for him to be active duty and live across the country?

Sean F. Mangan
Sean F. Mangan
answered on Aug 17, 2023

Several things govern where a service member may reside. Local policies will dictate how far from the installation an individual can be. These "local pass" rules effectively set a distance limit that service members must stay within and must seek approval (a "mileage pass") if... View More

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1 Answer | Asked in Consumer Law, Civil Litigation, Military Law and Small Claims on
Q: AHS says they sent money they owe me for 4 month now, from 4/20. I'm with AF in Korea. How do I sue them for this money?

4/20/23 l I had a leak and American Home Shield, who I have paid for over 5 years, gave me a plumber referral. The plumber charged me 100 visit. He accessed 600 to repair. Then he couldn't be reached. I had to hire my own plumber who charged 200. AHS promised to pay me 152 payout and I told... View More

James L. Arrasmith
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answered on Sep 11, 2023

Given that the company has not resolved the issue despite your multiple attempts to communicate with them, you might consider the following steps to pursue legal action:

Documentation: Keep all relevant documentation including bills, correspondence with the company, and any other evidence...
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1 Answer | Asked in Military Law, Divorce, Appeals / Appellate Law and Probate for California on
Q: After a military divorce 2005, former military LT.Col USAF, breached the decree order, waiving his miltary service time

to federal civil svs employment for 8 months post-1999 reg.retirement. AS his former spouse under USFSPA, I was awarded 25% of his military retired pay. His wavier decreased my portion of his military pay as he transferred his service time to them, OR did a buy back of it from USAF and rolled it... View More

James L. Arrasmith
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answered on Aug 5, 2023

It's certainly understandable why this situation has caused you concern. From the information provided, pursuing a Qualified Domestic Relations Order (QDRO) or seeking a modification to the decree might be viable options to explore. Consulting with an attorney experienced in military divorce... View More

1 Answer | Asked in Family Law and Military Law on
Q: What can we do for our son? He was in the Navy for 17 years. He got after not completing his AA program twice.

He drinks every day. He lost his two oldest kids in Illinois. He can’t keep a job. We desperately need to know how to help him.

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2023

It looks like you may be in Illinois, but your question remains open for a week. I'm sorry for your family's and son's ordeal, and for your son's loss. This could be something that military law attorneys have more insight into than family law attorneys (the category chosen for... View More

1 Answer | Asked in Family Law, Military Law and Child Custody for Texas on
Q: ex husband trying to take kids away, restraining order. I’m in military training now. What should I do ?

I’m in the middle of military training and my ex served me papers trying to get child support, pay for his attorney and put a temporary restraining order. I am 2 week away from moving training to another state and I have 20

Days to answer

Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

Legal Representation: As you're currently undergoing military training, it's crucial to retain an attorney who specializes in family law as soon as possible. They can represent you in your absence and make sure your rights are protected.

Servicemembers Civil Relief Act (SCRA): As...
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1 Answer | Asked in Divorce, Military Law and Family Law for Washington on
Q: I been married for 19yrs and have been a Military stay at home mom and my husband is decided he doesn’t want me anymore

He has been in the military for for almost 19yrs and I have been by his side all these years and he says he only has to pay child support and I get nothing from him. I need help!

Sean F. Mangan
Sean F. Mangan
answered on Jul 21, 2023

You are absolutely entitled to more than just child support. Your military spouse is likely going to receive a military pension, which is a considered to visible property, and you will be entitled to a portion of that property in the divorce process as you would any other piece of property such as... View More

2 Answers | Asked in Child Custody, Family Law and Military Law for California on
Q: Child custody across multiple states: What states does my lawyer need to be licensed in?

This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 17, 2023

You case remains in Oregon as filed until a motion to change or transfer venue has been filed and granted. To file a motion to modify your existing custody orders (or judgment), you would file in Oregon under the same case number as was assigned to your divorce case. You would therefore hire... View More

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1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Military Law for Texas on
Q: Can Texas calculate military retired pay as if the marriage ended on the date of separation, years before divorce?

A Texas judge signed a final decree in 2023, ending the community property portion as of 2019, the date of separation. The decree calculated and divided the servicemember's High 3 and years of service as if the marriage had ended in 2019. Post trial, the judge writes a letter denying that this... View More

John Michael Frick
John Michael Frick
answered on Jul 17, 2023

The community portion of military retirement pay is that portion which accrues during the existence of the marriage, i.e. from the date of marriage to the date of divorce. Any portion that accrued outside of the existence of the marriage is the servicemember's separate property.... View More

2 Answers | Asked in Criminal Law, Military Law and Wrongful Death for Alabama on
Q: I am not sure what kind of lawyer I need to talk to.

My son was shot and killed March 2020 he was a US Army soldier that was shot by another soldier in that soldier's home. They claimed that it was an accidental shooting. They close my son's case May 11th of this year. I don't believe my son's case was properly investigated... View More

James L. Arrasmith
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answered on Jul 11, 2023

I am so sorry you are dealing with this. There are a few different types of lawyers who might be able to help. A wrongful death lawyer could help file a wrongful death lawsuit if appropriate. A civil rights lawyer could help investigate whether your son's civil rights were violated. A criminal... View More

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1 Answer | Asked in Military Law for Oklahoma on
Q: Our neighbor had the rural electric company move their yard light. There was a live line left hanging from the old pole.

The wire sparked a fire..The fire burned my property, equipment, hay, water system..Their insurance says because the

" swinging line" was on the other side of the meter, they are not responsible for the fire on my side of property line. They came back and cut the hanging wire off... View More

James L. Arrasmith
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answered on Jul 10, 2023

I'm sorry to hear about the fire incident caused by the hanging wire. It's advisable to consult with a lawyer who specializes in property damage and insurance claims to explore your options. They can provide guidance on seeking compensation for the damages and losses you suffered. Keep... View More

1 Answer | Asked in Criminal Law, Communications Law and Military Law for Mississippi on
Q: I am being harassed by voice to skull technology and they are threatening my life.. nobody believes me please help

I know it's somebody with access to military grade weapons which scares me because this means it's police officials or government officials I don't know what to do or where to go for help

Aaron Mark Pack
Aaron Mark Pack
answered on Jul 12, 2023

At first glance, this does not appear to be a legal question.

However, the gap between technology and science fiction depends largely on the time of day.

Hypothetically, assuming what you say is true, although I would more likely rephrase as mental distress in response to suspected...
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1 Answer | Asked in Military Law for Mississippi on
Q: Military Re-enlistment

I am currently 48 years old and was an Army Warrant Officer discharged in 2011 with a General (Under Honorable Conditions) after 12 years of service. My Separation Code is JNC and RE: N/A. I did receive a GOMOR that was placed in my OMPF file. I have 2 other Honorable DD-214's while I was... View More

James L. Arrasmith
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answered on Jul 10, 2023

As a former Army Warrant Officer, your chances of re-enlisting in the military will depend on various factors, including the specific requirements and needs of the branch you are interested in. While your General (Under Honorable Conditions) discharge and previous honorable service may work in your... View More

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