Get free answers to your Military Law legal questions from lawyers in your area.
I recently retired from the service with 20yrs in. I'm also staying the divorce process after 17yrs because she cheated with another man. My VA rating is over 50% meaning in getting 2 payments for retirement. Can the adultery affect her compensation from my retirement? It's my disability... View More 
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answered on Jul 18, 2024
In Virginia, your military pension can be subject to division in a divorce, regardless of adultery. However, courts may consider adultery when deciding on the division of assets, which could potentially influence the outcome in your favor. It's important to gather evidence of the infidelity to... View More
Hello, I am a county employee under the Commonwealth of Virginia?
I am also in the Virginia Army National Guard.
My question pertains to inactive duty training (weekend drills). Can an employer not let you accrue leave? and do they have to pay you?
or does that only apply... View More
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answered on Oct 26, 2023
Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers, including those in the Commonwealth of Virginia, are prohibited from discriminating against or penalizing employees due to their military service obligations. This protection includes your weekend drills or... View More
A crime was committed against me in 2006 on a aircraft carrier stationed in Norfolk Virginia. it involved theft of funds several thousand dollars by a known shipmate. I was interviewed by JAG and NCIS and the shipmate was special court martial. At the time the carrier was deployed to the middle... View More
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answered on Mar 15, 2023
To obtain records related to a crime committed against you in the Navy, you can start by contacting the Naval Criminal Investigative Service (NCIS) and requesting a copy of the investigative report. The NCIS is responsible for conducting investigations into criminal matters involving members of the... View More
I have the SCRA clause in my lease.
answered on Oct 26, 2022
The SCRA limits anyone from taking a judgment against a service member when he or she is called to active duty. Unless you share the lease for review -- which you should not do in an open on-line forum -- I have no idea what your SCRA clause says, but I would take a wild guess that it has nothing... View More
I am active duty and live in Virginia where open carry is legal. My question is, a lot of establishments ban open carry unless you’re law enforcement. I’ve seen different things online, but are we still technically law enforcement?
answered on Mar 30, 2021
Neither the Commonwealth of Virginia nor the federal government recognize you as a law enforcement officer. You don't have the ability to arrest or do any of the other things that are unique to police powera. That having been said, this is really more about the rules a private entity has set... View More
For example, can I drive on the road with rubber tracks?
answered on Apr 7, 2020
If it's one of the brutes, even in a deactivated state, you run the risk of liability for overweight vehicle damage, despite rubber tracks, and the potential for civil lawsuits from municipalities and utility companies for possible damage to sewage infrastructure and underground utilities. You... View More
As it pertains to Virginia Code 19.2-62 and 18 USC 251. also as it pertains to military matters not affecting national security
answered on Feb 10, 2020
Since you are able to do research, you should also consult 19.2-61 and 18.2-420.2 - while you can give consent in VA as a one party consent state, there are stricter guidelines if this is a telephone conversation versus an in person conversation and whether or not that type of evidence can be used... View More
1st Sgt that the urinalysis batch has now come back with a tainted report. Do you think there is anything I can do.?
answered on Aug 22, 2018
You may want to consider petitioning that service's board of records review. For example, if you were Army you may want to petition the Army Discharge Review Board and/or the Army Board of Corrections of Military Records.
See: http://arba.army.pentagon.mil/adrb-faq.html
and... View More
My tenant and her daughter were the original signers for a lease signed in November of 2016, they signed for a 2 year lease that would of ended on November 2018. The mother recently married in March of 2018, and she immediately wanted to add her husband to the lease. I added him to the lease, and... View More
answered on Jul 11, 2018
Only the lessee who is on military duty has the right to invoke such a termination provision.
answered on May 17, 2018
You really need to talk an attorney if you are asking yourself this question. That is a lot of money to not be sure of the consequences.
They have paid the apartment complex the full amount for June but has to leave on the 7th. The apartment complex is trying to say that they cant prorate it. I have read the information on the Military and breaking a lease. It said that the lease is to be prorated. So just to double check I am... View More
answered on May 9, 2018
I am not sure what you mean by the "information on the Military...." Generally, any issue that deals with prorated rent for a person in the Military will be addressed in the body of the lease.
I recently separated from the navy (March 23 to be exact). It was an admin separation and I didn’t have a for sure final day so there was no way for me to give a 30days notice. I brought my orders to Remax Alliance and they informed that even though I was moving out on the 16th I would have to... View More
answered on Mar 30, 2018
It is unfortunate that the folks at Remax took that position. Your recourse would be to file a suit in court to claim that they were in error and let a Judge decide.
I was diagnosed with an abnormality in my lungs 1 year and 2 PRTs before i was separated from the military due to PRT failures. I was not given a Medical Review Board and was given a no PT chit without a expiration date on it. This was after i had re-enlisted for 6 years i am now separated with 80%... View More
answered on Mar 1, 2018
This a complex issue - I have fought it before. You can apply to the Board of Corrections alleging that you should have been, based on your condition, referred to the PEB, and ask them to refer you to the PEB. If you get to the PEB, the PEB will determine whether you are fit or unfit and should... View More
Resident of NY, stationed in Virginia due to orders. Looking at purchasing a house in Virginia. Will I have to change residency if I purchase the home and pay Virginia income tax?
answered on Jan 23, 2018
50 U.S. Code § 4001 - Residence for tax purposes
(a) Residence or domicile
(1) In general
A servicemember shall neither lose nor acquire a residence or domicile for purposes of taxation with respect to the person, personal property, or income of the servicemember by reason... View More
My navy command seized notebooks of mine (not really legally), and haven't said they found anything they were looking for. They turned the situation over to ncis, and I signed a release for them to search my house and my computer. Didn't find anything. I was told my notebooks would be... View More
answered on Nov 25, 2017
I suggest you speak to a base JAG attorney where you are situated. This is not a situation where you want to go this alone.
Me and my battle buddy got in trouble for vaping in the barracks and we both recieived a recommendation for ucmj on Friday. However he left this Monday on the 17th of April, today is the 18th and leave the 21st I just want to know if they will pull my orders to leave! We are in AIT
answered on Apr 20, 2017
It is likely you have been "flagged," so you may not be able to go on your orders. It is not uncommon for them to do a quick summary Article 15 (assuming that is what you are referring to as UCMJ) before you PCS/ETS.
I am a military member (in Virginia) renewing a lease under the Rental Partnership Program (govt offers landlord priority recommendation and positive endorsement in exchange for 5% rent discount to military members). Leasing agent and I agreed upon specific terms and signed a Letter of Intent to... View More
answered on Mar 9, 2017
Generally, a letter of intent is not a binding contract. In addition, it sounds like if the landlord had not signed the lease with the terms that your proposed, the landlord did not make a formal commitment but the lease was still subject to further negotiation.
Difficult time with GM Financial honoring this program for service members. The program is supposed to be an on and off process for Active Duty and for Reserve Component who is call back to active duty. They are saying because I bought the a vehicle using there financing in an active duty status... View More
answered on Mar 14, 2017
If you are on active duty, you are entitled to military legal assistance services. Go see the base legal assistance office to review your case. If you are entitled to the reduced rate, the base legal office will draft a letter on your behalf.
Can I remove myself from the loan? Are there any military guidelines that protect me? The vehicle was purchased after the start of my service.
answered on May 10, 2016
You are, unfortunately, still on the hook for the loan until it has been refinanced. Her entering Bankruptcy may very well negatively impact you. The terms of your divorce may aid you in resolving this matter, but you will need to hire Counsel on this one.
I am trying to enlist in the Navy and since I am a single mother, I would have to give up custody of my child. I would like to give up custody to a family member, but I am concerned that my child's father may try to prolong the process. He was convicted of felony child abuse and has no custody... View More
answered on Apr 20, 2016
While he may have a say, it may not hold much weight, especially if the child in question was the victim of the abuse. Because of the sensitive nature of your information, you may want to speak privately with a local family law attorney - I am certain there are many in your area that are familiar... View More
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