Leaders Guide - Legal Problems - Facing Divorce or Separation From a Spouse or Child

Research indicates that facing a marital separation or divorce is as stressful as suffering the death of a loved one. Individuals facing such situations should be immediately referred to the appropriate legal and medical facilities for individual counseling. The nearest Marine Corps legal assistance office is the best source of initial help for Marines facing such a crisis. Marines facing such family law issues will frequently face a substantial change in their personal finances. For example, in cases involving the support of a child or spouse, the Marine could be required to pay hundreds to thousands of dollars per month to the separated family member. These types of cases require the Marine to make thoughtful and informed decisions regarding the case, which can be difficult given the stress and emotional state of the Marine. Note also that timely communication with opposing attorneys and courts are often critical in family law case management. Marines should therefore be very careful to talk to legal assistance attorneys about correspondence regarding the case, as soon as possible. Marines should also be careful not to sign any document regarding the case before consulting with a legal assistance attorney. Irreparable harm can be caused by signed agreements and consent orders without a full evaluation provided by competent counsel. A substantial number of family law matters are resolved by agreement between the parties without litigation or the courts.

What to Look For

Marines being served with court papers, restraining orders, or receiving letters from attorneys.
Separated family members asking for the commands help with support issues.

What to Do

Leaders should ensure that all new joins are educated about the location of the nearest legal assistance office, and immediately refer any Marine facing a family law issue to that office for help.
Ensure that Marines understand the content of any applicable “no contact” orders, and issue military protective orders in appropriate cases.
For guidance in dealing with complaints of non-support, refer to your Staff Judge Advocate and Chapter 15 of the LEGADMINMAN.

What to Avoid

Not taking the problem seriously.
Giving simplistic advice.
Letting your Marines rely on the advice of friends - Advice regarding legal issues should come from a Marine Corps judge advocate. Too many times, Marines rely on the advice of friends with good intentions, but bad information. Given the stakes involved in most issues of this variety, some mistakes of this nature are extremely difficult to resolve.
Using outdated regulations. Leaders should make sure that they have access to current orders and directives, as relevant Marine Corps regulations are frequently updated. Staff Judge Advocates and adjutants should be consulted to make sure that a Commander has the most current regulation available.
Leaders should also invest time in legal training. Issue identification is a key to prevention and detection of legal problems.

What to Expect after Taking Action

Regular visits by the Marine to the legal assistance office.
Contact from the family member requesting assistance with financial support issues.
In cases where a command must issue an order of support under Chapter 15 of the LEGADMIN MCO P5800.16, commanders should occasionally check with the Marine to ensure that support payments are being made. In addition, the Marine should be made aware of his right to request that the command reduce or waive the support standards in certain instances, such as in cases involving spousal desertion, physical abuse, or infidelity. However, a member's duty to support minor children is not affected by spousal misconduct.

Troubleshooting

Family law issues can take many months to resolve, even under the best of circumstances. To facilitate a resolution of this type of problem, a commander must ensure that the Marine is afforded the opportunity to make repeat visits to counsel over a prolonged period of time.