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Jane Smith v. James Smith

Case Conclusion Date: 09.30.2009

Practice Area: Divorce and separation

Outcome: Marine Pension Protected in Long-Distance Divorce

Description: The client, based in Arizona, was served with divorce papers from a Massachusetts court, where his wife and children still resided. The client was in the military and was constantly being deployed. Although many issues were contested, including child support and visitation, there was an incredible amount of acrimony regarding the client's military pension. Neither party completely understood what portion, if any, of the pension was divisible and what rights they may have had regarding the pension. The laws and regulations regarding the division of a military pension are complicated and can be confusing, even to attorneys unfamiliar with the military system. However, Attorney Stark was able to educate the parties and opposing counsel regarding military divorces and was subsequently able to negotiate a settlement agreement where the majority of the client's military pension remained with him. We were also able to negotiate a child support amount which was less than the MA Child Support Guidelines amount, but which was fair and reasonable under the circumstances. Although the client was across the country, Attorney Stark was able to ensure that his rights were respected and that his voice was heard throughout the proceedings.

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