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Military Law Questions & Answers
1 Answer | Asked in Military Law for California on
Q: If we refinance a home in California that we had deferred payments on, do we then have to pay for those deferred payment

In our final amount owed statement our current mortgage company is adding the $16,000 to our current home loan amount. Now our refinance loan will be $16,000 higher than our current home loan.

Tim Akpinar
Tim Akpinar answered on Apr 8, 2020

Unless your matter involves military legal issues, you could try reposting under Banking and Real Estate. There's no guarantee that every question is picked up, but your question remains open for five weeks and could have better chances of being seen in those categories. Good luck

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1 Answer | Asked in Gov & Administrative Law, Military Law and Municipal Law for Virginia on
Q: What are the guidelines and rules of Tanks that have a deactivated weapon in VA, can I go on the road with them?

For example, can I drive on the road with rubber tracks?

Tim Akpinar
Tim Akpinar 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... Read more »

1 Answer | Asked in Divorce and Military Law for Alabama on
Q: Q: I am married for 12 years in June 2020. My name is not on the deed and it is heir property left to my husband.

What are my rights in a divorce settlement? He is a retired military also. There are no children. Thanks.

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 2, 2020

If the property was used for the common benefit of the parties during the marriage you have a right to that property as divisible marital property. If he inherited it and you never used it as a married couple, it is not part of the marital property. If he inherited it and you did use it for the... Read more »

1 Answer | Asked in Military Law for South Carolina on
Q: How do I get my dd 214 from my first enlistment ? So I can apply for veterans benefits

I did 8 yrs in the navy and got discharged with an other than honorable discharge. I re-enlisted after 4 years Is there a way I can get a dd214 from my first enlistment ,

R. Davis Younts
R. Davis Younts answered on Mar 28, 2020

You should submit a standard form (SF) 180 to the National Archives. The forms are available online. If there are errors on the DD214 or you need to upgrade your discharge, there is a process for that as well.

1 Answer | Asked in Criminal Law and Military Law for Ohio on
Q: so I just turned 18, but my girlfriend is 16 still . her parents dont know about us. can I get in legal trouble?

her parents are homophobic, we've been dating for 3 months and arent doing anything contact wise. can I get in trouble legally if her parents find out?

Breezy M Warner
Breezy M Warner answered on Mar 25, 2020

The age of consent in Ohio is 16 years of age.

1 Answer | Asked in Divorce and Military Law for California on
Q: I filed for divorce in orange county, CA but my husband is military and didnt respond. Hes not deployed.

I filed and served him back in November. But because he is military, I am unable to get it sent to default, and I'm not sure what the next steps are to get it finished

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 3, 2020

The Court can be asked to appoint an attorney to represent him under the Soldiers and Sailors Act. That attorney will ensure his rights are protected and so you can proceed with getting all your issues resolved. That he is not deployed is a good thing, as he will be available to testify in case a... Read more »

1 Answer | Asked in Employment Law, Consumer Law, Criminal Law and Military Law for New Jersey on
Q: An arrest record for an Article 15 was sent to FBI, what happens after 7 yrs? Does it show for employment in accounting?

During a deployment overseas, there was an incident involving multiple personnel. US Army CID took fingerprints and statements from personnel involved. The charges are shown on an fbi personal rap sheet few years after. There was no court martial. The disposition is only an article 15 ( non... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 15, 2020

An attorney would need much more information to properly answer your question.

1 Answer | Asked in Criminal Law and Military Law for Virginia on
Q: As a party to a conversation in the state of Virginia can i record a conversation if i have given consent to be recorded

As it pertains to Virginia Code 19.2-62 and 18 USC 251. also as it pertains to military matters not affecting national security

Shemeka C Hankins
Shemeka C Hankins 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... Read more »

1 Answer | Asked in Criminal Law and Military Law for Tennessee on
Q: My case has been sent over to the local Veterans Court. If approved, what can I expect? Can I get my charges dismissed?

I am a 62 y/o Veteran with no prior criminal record. Upon advice from my court appointed lawyer, who did not want to take my case to court.

Anthony M. Avery
Anthony M. Avery answered on Jan 22, 2020

Veterans' Court is a great privilege, so consider yourself fortunate. Many Courts dismiss the charges upon completion of the entire Veteran protocol. It will involve doing things other Defendants do not have to worry with. Your lawyer should answer your questions, but the important thing is to... Read more »

1 Answer | Asked in Criminal Law and Military Law for Florida on
Q: I’m trying to get into the military and 2 felonies are keeping me from it. I wanted to know even though my case is done

can I have them dropped to misdemeanors, if not what can I do?

Jonathan Blecher
Jonathan Blecher answered on Jan 22, 2020

Possibly. You’ll need a good lawyer to make it happen for you and the backing of a recruiter

1 Answer | Asked in Family Law and Military Law for Florida on
Q: Can a married military member file CS on their spouse who’s also a military member. Wife lives in AL, husband in FL?

They are still married, neither has filed for legal separation or divorce. They have 2 kids wife is Army, husband is Airforce.. wife is stationed in Enterprise Alabama but filed from Montgomery county. Husband stationed in Florida. the father pays half of daycare and provides extra money for food,... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Dec 19, 2019

Child support can always be requested, even if the parents are still married. But it sounds like the jurisdiction on this case may be incorrect as child support must be filed where the paying parent lives, not where the children live. An attorney should be consulted to see if the case can be... Read more »

1 Answer | Asked in Criminal Law and Military Law for Texas on
Q: Accused of drug use military

If someone in a drug investigation, more notably someone who failed a UA or got caught in possession, says that he knows other people who do drugs or says he saw them do them and names them, can the other parties be discharged by the military or charged if their is no positive UA or they have never... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 12, 2019

This is a question of military law rather than civilian criminal law.

1 Answer | Asked in Military Law for Georgia on
Q: Can my job use my Military leave without my permission?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

More information is needed to provide you with an accurate answer. Please provide clarification. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Family Law, Child Custody and Military Law for North Carolina on
Q: How would My civilian wife be considered to be the best interest of the children when she doesn't work

She doesn't have a place to live, she smokes weed, and had another man in our home while the kids were there. She calls me names in front of the kids and yells at them all of time. I am trying to get custody and the grandmother said she would drive here to take care of them is that an option?

Adam Bull
Adam Bull answered on Nov 25, 2019

These are all issues and facts if proven are factors for the Court to consider in the best interest of the children. A parent not working is not a big factor as it is hard to relate to how that would effect the children, and in fact may be a positive for mom if it provides her more time to be... Read more »

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2 Answers | Asked in Child Custody, Divorce, Family Law and Military Law for North Carolina on
Q: What state has custody jurisdiction if the mother moved the child to NY and father who is active military lives in NC?

We all lived in NC together... Wife/Mother of our child had an affair, openly admitted to it. She is pursing a relationship with the person she had an affair with, making arrangements to live together etc...

My wife moved our daughter out of state to NY and is not allowing me to see her.... Read more »

Adam Bull
Adam Bull answered on Nov 5, 2019

There are specific rules on this. You need to file suit in NC immediately and based on what you represented you should have grounds for emergency custody. The uniform child custody jurisdiction act controls in this situation and as long as she has not been gone for more than 6 months, the Court... Read more »

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1 Answer | Asked in Military Law and Immigration Law on
Q: I want to attend to my sons military basic train in Texas this coming December , how can I travel my GC is not aprov

I applied I-131 with my green card applications last April 29,2019.

How can I expedite the process .can I use my sons graduation as my reason to go?

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 4, 2019

You can travel inside of the United States while you are waiting for your green card to be approved. You do not need an I 131 travel authorization. The I 131 (in your case advanced parole) allows you to travel outside of the U.S. and re-enter while the process is ongoing. Since Texas is inside... Read more »

2 Answers | Asked in Criminal Law and Military Law for California on
Q: Active duty member. I was called into osi for the suspicion of violating 112 of the ucmj

It was 112A. However I have not been charged with anything, I did not answer questions,. I did not fail a UA, was not asked to take one and have not been removed from my job that I work at, at a secure site even after my commander was told and upon his request said I should still stay at my job.... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 29, 2019

No lawyer has a crystal ball to predict what your governing authority might be thinking. If you were not caught carrying, under the influence, or anything else consistent with being under the influence of a controlled substance described in § 112a, and since you were not arrested and charged with... Read more »

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1 Answer | Asked in Family Law, Child Custody and Military Law for Arizona on
Q: What rights do I have to keep and maintain my children's military dependent ID cards?

My ex is no longer active duty due to medical issue & works on base as a civilian maintaining his military benefits & ID for both of our children age 14 & 15. Through him, our children have TriCare Insurance & their doctor is on base. I have court orders granting me full primary physical custody... Read more »

Mike Branum
Mike Branum answered on Oct 24, 2019

Is there any reason you could not get duplicate identification cards? I would go to where the ID cards are issued, explain that your ex-husband is infantile, and request they make duplicates to eliminate one source of your ex's tantrums.

If option A is not possible, you might ask the...
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1 Answer | Asked in Civil Rights and Military Law for California on
Q: D/C'd Honorably from Navy in 1986 after confessing to ships chaplain that I was gay. Time served: 8/1985 - 6/1986.

Requested an undeleted DD-214 form for veteran benefits for school. Am I a "veteran?"

Louis George Fazzi
Louis George Fazzi answered on Oct 18, 2019

Yes, you are a veteran. You should visit the VA's website ( to determine what, if any, benefits to which you may be entitled. Thank you for your service.

1 Answer | Asked in Military Law for Florida on
Q: I was married for 14 years with a military man, I allowed to have part of his retirement?

He when to Dominican Rep and put the divorce there and he doesn't add anything on the divorce paper, Im allowed to have some of his retirement?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

You probably need to seek a modification of the DR divorce decree. For that you will need to consult an attorney in the Dominican Republic.

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