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Military Law Questions & Answers
1 Answer | Asked in Military Law and Family Law for Oregon on
Q: I have been married but not living together with my veteran husband who passed away in January.

I can't find paperwork or soc sec.number how could I get that information legally as his wife? I have 2 order our marriage certificate since don't have that anymore either

James L. Arrasmith
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answered on Feb 27, 2024

In your situation, gathering necessary documents and information following the passing of your veteran husband can feel overwhelming. First, obtaining a copy of your marriage certificate is a wise step. You can request this document from the vital records office in the state where you were married.... View More

1 Answer | Asked in Landlord - Tenant, Military Law and Small Claims for Illinois on
Q: Roommate in the military left without paying rent owned and left property in the room. How should we take legal action?

There is a someone who rented with us but blocked our contact after not fully moving out to avoid payment.

This person is in the army but we do not know the base contact. What would be the best way to approach getting

the money back? I'm not sure if going straight to small... View More

James L. Arrasmith
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answered on Feb 25, 2024

In Illinois, if a roommate in the military has left without paying rent and left their belongings behind, one of the first steps you can take is to send a formal demand letter for the unpaid rent. This letter should detail the amount owed, the agreement under which it is owed, and a deadline for... View More

1 Answer | Asked in Military Law for Maryland on
Q: How to I get a PADD to give to Arlington National Cemetery to have my father's remains interred there. My mother is

Already interred there. My father is the veteran and just died.

James L. Arrasmith
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answered on Feb 25, 2024

Here are the key steps to getting a Presidential Memorial Certificate (PMC) for your late father to be eligible for interment at Arlington National Cemetery with your mother:

1. Obtain your father's military discharge papers (DD Form 214 or equivalent) showing dates of active service,...
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1 Answer | Asked in Military Law and Family Law for Texas on
Q: Hello, so I’m the sole provider for my family (Wife, Step son) my wife got court ordered to stay in bell county.

I’m in North Carolina as I just got stationed here February 20th and my wife got court ordered to stay on the 20thFEB AND Bell County is in Texas which has Fort Cavazos, I’m trying to get BACK to Texas so I can provide for my family financially and all other ways. Is there any legal way for me... View More

James L. Arrasmith
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answered on Feb 25, 2024

Here are some options you could pursue to legally get back to Texas to provide for your family despite the court order requiring your wife to stay in Bell County:

1. File an emergency petition to modify the order with the court. Explain that the order is imposing an undue hardship by...
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2 Answers | Asked in Military Law, Civil Rights and Constitutional Law for Florida on
Q: I wanted to know if you are allowed to purchase either a handgun or rifle at age of 19 if you are serving in FLARNG

I am serving in the Florida national guard I am a resident of Florida I have a Florida drivers license I am 19 I live in Miami corresponding to Miami dade county

T. Augustus Claus
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answered on Feb 13, 2024

In Florida, the general law restricts the sale of firearms to individuals under the age of 21. However, there are exceptions to this rule, especially for members of the military and law enforcement. As a 19-year-old serving in the Florida National Guard (FLARNG), you are considered part of the... View More

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2 Answers | Asked in Military Law, Civil Rights and Constitutional Law for Florida on
Q: I wanted to know if you are allowed to purchase either a handgun or rifle at age of 19 if you are serving in FLARNG

I am serving in the Florida national guard I am a resident of Florida I have a Florida drivers license I am 19 I live in Miami corresponding to Miami dade county

James L. Arrasmith
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answered on Feb 24, 2024

In Florida, you must be 21 years old to purchase a handgun from a licensed firearms dealer. However, federal law allows individuals aged 18 to 20 who are serving in the military to purchase handguns from licensed dealers. This means that as a member of the Florida National Guard, you may be... View More

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3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 12, 2024

If the case was filed in Supreme Court, you can check the New York State Courts Electronic Filing (NYSCEF) system, https://iapps.courts.state.ny.us/nyscef/HomePage You can search by index number, party name and attorney.

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3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

Tim Akpinar
Tim Akpinar
answered on Feb 12, 2024

In addition to the NYS Court System resources my colleague mentions, there are other databases out there, such as PACER, and several commercial ones. Sometimes, a case could also come up in a simple internet search, but the court and legal databases are a more reliable resource. If you find the... View More

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3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

James L. Arrasmith
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answered on Feb 25, 2024

To find information on a case that may have been filed, particularly in New York, you would typically start by checking the online databases of the court where the case would have been filed. For personal injury and tort cases, this could be in a state or federal court, depending on the nature of... View More

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1 Answer | Asked in Military Law, Small Claims and Civil Litigation for New Mexico on
Q: What should I do if I am given misinformation from the Military Transportation office, I follow instructions and denied

I followed all instructions given to me and my claim is denied. I am told that because I had all of my Household goods transported by a 3rd part entity like I was instructed. My claim is being denied. I was told all items have been inspected and unpacked which is untrue. All items were moved by... View More

James L. Arrasmith
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answered on Feb 4, 2024

Navigating a denied claim with the Military Transportation Office, especially after following their instructions, can be incredibly frustrating. In such situations, it’s crucial to seek assistance from professionals experienced in military claims or military law. These attorneys are familiar with... View More

1 Answer | Asked in Divorce, Family Law, Tax Law and Military Law for Illinois on
Q: I was married in Okinawa, JP, however, I am trying to get divorced and have come across that it was never filed in IL.

My spouse and I got married in Okinawa while on active duty orders. However, I am trying to file for divorce and have come to many issue due to the unfortunate situation and have also realized that it was never filed with my home of record (Champaign County IL). We have been “married” since 11... View More

James L. Arrasmith
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answered on Jan 30, 2024

Based on the information provided, a few key points:

• For a marriage that occurs abroad to U.S. citizens, it is valid in the U.S. even if not registered specifically with the home state. So you have a valid marriage.

• However, to get divorced in Illinois, you typically need to...
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2 Answers | Asked in Divorce, Civil Rights, Military Law and Family Law for Washington on
Q: I have gone through 2 referral services and researched on my own. I've tried to contact about 6 attorneys & got 0 help.

I live in WA state. I just want a Divorce/Legal Separation attorney. Why is it so hard to do? Does anyone know who I can contact? Near Snohomish county?? Is there a reason I am brushed off?

James L. Arrasmith
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answered on Jan 22, 2024

Finding an attorney can sometimes be challenging, especially in high-demand areas like family law. If you've had difficulty securing a lawyer through referral services, consider reaching out to your local bar association in Snohomish County or the Washington State Bar Association. They often... View More

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2 Answers | Asked in Divorce, Civil Rights, Military Law and Family Law for Washington on
Q: I have gone through 2 referral services and researched on my own. I've tried to contact about 6 attorneys & got 0 help.

I live in WA state. I just want a Divorce/Legal Separation attorney. Why is it so hard to do? Does anyone know who I can contact? Near Snohomish county?? Is there a reason I am brushed off?

John Michael Frick
John Michael Frick
answered on Jan 23, 2024

If you are only looking for a divorce lawyer, I wonder why you have included unrelated areas of practice in your question (Civil Rights, Medical Malpractice, and Military Law).

Finding a divorce lawyer should not be that difficult, particularly in a high demand area. There tend to be a...
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1 Answer | Asked in Military Law for North Carolina on
Q: Discharged from the airforce under an ELS due to fraudulent enlistment, but completed BMT with honors, what can I do?

My nephew was discharged from the airforce under an ELS due to fraudulent enlistment because of mental health issues from middle school and ADHD that was never disclosed to his parents, he has graduated high school with and went to BMT at 17 years old and completed it with honors and was even... View More

James L. Arrasmith
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answered on Jan 17, 2024

In cases of an Entry-Level Separation (ELS) from the military due to issues like fraudulent enlistment, re-enlisting can be challenging but not always impossible. Your nephew's first step should be to obtain a copy of his discharge paperwork, specifically the DD-214 form, which will detail the... View More

1 Answer | Asked in Domestic Violence, Military Law and Family Law for Louisiana on
Q: My ex husband retired military veteran.. emotionally abused me for years. I need help. Me and my kids didn't get a dime.
James L. Arrasmith
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answered on Jan 11, 2024

Dealing with the aftermath of emotional abuse, especially in a military family, can be incredibly challenging. First and foremost, it's important to recognize the strength it takes to seek help in such a situation. The emotional toll on you and your children is a serious concern and addressing... View More

1 Answer | Asked in Military Law for North Carolina on
Q: I was discharged in 2008 with a medical discharge and 10% rating. My first claim I went to 40%

In under two years of being discharged I was and still am 90 P/T and unemployable. Do I qualify for a medical retirement?

James L. Arrasmith
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answered on Jan 11, 2024

It's important to understand that medical retirement from the military and VA disability compensation are separate matters. Medical retirement typically applies to service members who are found unfit for duty due to a medical condition, and it often depends on the length of service and the... View More

2 Answers | Asked in Family Law, Gov & Administrative Law, Military Law and Public Benefits for Kentucky on
Q: My daughter's father was killed over seas. He was in the United States army once stationed at ft Knox and fort polk

What can I do about getting my daughter's benefits from his death for support for my child his name is xx

James L. Arrasmith
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answered on Jan 17, 2024

I'm sorry to hear about your loss. To pursue benefits for your daughter due to her father's service and untimely death, you should start by contacting the Department of Veterans Affairs (VA). They provide various benefits to dependents of deceased service members, including Dependency and... View More

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2 Answers | Asked in Family Law, Gov & Administrative Law, Military Law and Public Benefits for Kentucky on
Q: My daughter's father was killed over seas. He was in the United States army once stationed at ft Knox and fort polk

What can I do about getting my daughter's benefits from his death for support for my child his name is xx

Robert Donald Gifford II
Robert Donald Gifford II
answered on Jan 9, 2024

Order his military records from St. Louis from the National Archives. You can find that information online. I would request the entire file, to include medical, DD214, etc. Once you receive, go to the Veteran's Administration website and they will give additional guidance. You may also get... View More

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1 Answer | Asked in Family Law, Elder Law, Military Law and Social Security for Georgia on
Q: Contacted by estranged sister's (head injury/stroke) caregiver (deceased husband's cousin) to assume his POA. Must I?

Estranged (in TX since 1972) sister (DOB April 1954) falls in 2012due to Air Force knee injury (surgery & discharge 1974; also forced early retirement in 2011) & struck head, resulting in stroke hours later, which resulted in partial paralysis. Her husband cared for her until his death from... View More

James L. Arrasmith
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answered on Jan 5, 2024

You are not legally required to assume the power of attorney (POA) for your sister. Accepting the role of POA is a voluntary decision and carries significant responsibilities, particularly in managing her personal and financial affairs. Given your concerns about your ability to provide financial... View More

1 Answer | Asked in Education Law, Employment Law, Military Law and Public Benefits for Ohio on
Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?

Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?

James L. Arrasmith
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answered on Dec 31, 2023

Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave.

If a teacher joins the National Guard, they are entitled to the same benefits as...
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