Military Lawyers
What are Military Lawyers?
A military attorney, also called a military lawyer, is an attorney who specializes in military laws and legal issues which affect members of the armed forces. The military is regulated by its own set of rules and regulations, which may sometimes differ from those which govern civilians.
Military laws must be factored into many different types of claims, such as divorce claims, as they will affect the outcome of the legal proceedings. A military lawyer may be consulted for situations where a legal proceeding is occurring that involves legal and military issues.
In general, the day-to-day duties of a lawyer in the military are similar to that of a civilian lawyer. The legal branch of the military that is concerned with military justice and military law is the Judge Advocate General’s Corps, often called JAG or JAG Corps.
There are attorneys in each branch of the military, including:
- Army lawyers;
- Coast Guard lawyers;
- Marine lawyers;
- Air Force lawyers; and
- Navy lawyers.
What is Military Law?
Military law is the body of law that regulates the government’s military establishment. Military laws are entirely disciplinary by nature.
Military laws are analogous to civilian criminal laws. They are also a part of the United States body of law and are recognized fully by civil courts.
Military laws govern any individual who is serving in the armed forces at all times.
How Does Military Law Differ from Civilian Law?
When an individual joins the United States military, they are subject to a different legal system. The main difference between the Armed Forces system and the United States civilian justice system is their respective purposes.
The purpose of the United States civilian justice system is to provide justice. The purpose of the legal system in the military is to provide military commanders with the tools to enforce order and discipline.
For example, it is not a crime for a civilian to be late to work, however, it may be a crime for military personnel to be late to work.
Where do the Grounds for Military Law Come from?
Military laws predate the United States as well as the Constitution. However, because the Constitution is the supreme law of the land in the U.S., it is still the primary source of laws governing military law.
Other sources of the grounds for military laws include:
- International law affecting the law of war from treaties;
- Uniform Code of Military Justice;
- Executive orders;
- Service regulations;
- Usages and customs of the Armed Forces and of war; and
- Military court decisions.
What are Military Disciplinary Actions?
The United States military uses several different methods to ensure good order and discipline, including:
- Reprimands and admonitions;
- Counselings;
- Unfavorable information files;
- Administrative demotions;
- Administrative discharges; and
- Court martial.
Not all of these forms of discipline require a hearing.
Are Military Legal Issues Different from Civilian Legal Issues?
Yes, if one of both of the parties in a legal issue or dispute are in the United States military, there will likely be special rules and requirements which will apply. For example, divorce and family law issues as well as wills are subject to different rules and regulations for military personnel.
A military divorce is a divorce proceeding where one or both of the spouses are members of the U.S. military. Because of the differences in the laws and regulations, military divorce proceedings may require special attention for legal issues.
In addition, military members may generally be subject to different life circumstances than non-military individuals. For example, military divorce proceedings may be complicated by certain factors, including:
- One or both spouses are overseas;
- There are disputes over assets and benefits, for example, a military spouse’s retirement or veteran benefit payments or health care benefits; or
- There are unresolved issues regarding:
- child custody;
- child support;
- spousal support; and
- other related matters.
In addition to these issues, there have also been cases involving military romance scams. These are scams where an individual, typically overseas, poses as a member of the military and becomes romantically involved with a United States citizen.
In these cases, a victim may be sending money or resources because they believe the individual is in the military. Military lawyers can assist with cases of romance fraud as well as to help a victim recover losses and prevent further scam attempts.
It is very important to address all military-related concerns in divorce proceedings. This is because these can have effects in the long run, especially related to issues such as property division or the distribution of retirement benefits.
Military wills are special types of wills that are created by individuals who are members of the armed forces. A military will may be different from a traditional will and can make some exceptions to the usual testamentary requirements of a will.
Typically, the components and form of a valid will document are governed by the state the individual creating the will resides in. Military wills, however, generally provide more flexibility and are governed by federal laws.
Military personnel may have special needs for more flexible probate and estate planning procedures. Individuals in the armed forces often relocate frequently and may be required to deploy to another part of the country or the world, and, in some cases, under dangerous circumstances.
The Floyd D. Spence National Authorization Act was signed in 2000 largely to take into account the frequent re-locations and short-notice deployments of military personnel. This Act, in part, provides that a military will may be executed using federal requirements instead of individual state laws.
According to this Act, a military will:
- Is exempt from the general form, formality, or recording requirements of state probate law; and
- Have the same legal effect as a valid will that is in accordance with state probate laws.
Military wills are considered legally valid if certain requirements are met, including:
- The will is executed by the testator, or the person creating the will, who must be someone eligible for military assistance;
- The will makes a disposition of the testator’s property;
- The will takes effect at the testator’s death;
- The will document is witnessed by military legal assistance counsel, as well as two uninterested witnesses who have signed the instrument; and
- There is a statement that the will is a Military Testamentary Instrument.
It is important to provide documentation of the military stats of the testator as well as their grade within the military in their will document. For the purposes of a will, uninterested witnesses are individuals who do not stand to gain or receive anything from the will document.
Laws and regulations of the military are subject to change. A military lawyer can help an individual stay informed of any changes which may apply to their situation.
Do I Need a Military Lawyer?
Consequences faced under military laws are just as serious as under civilian laws. A service member, by law, is entitled to have a military attorney appointed to represent them in any criminal or administrative action which has been initiated against them.
Although the request may be denied, a service member has the right to request a specific military attorney at their court martial. In some cases, an individual may be able to hire a civilian attorney with military law experience or a government lawyer.
If an individual is a service member and is involved in any type of legal issue or dispute, it may be helpful to consult with a military lawyer who will have knowledge of the special military laws that may apply.
An experienced military lawyer near you can explain defenses that may be available and can help to resolve the claim against you.
