Military Divorces for Returning Soldiers

As our soldiers return from war in the Middle East, many cases of post traumatic stress disorder are becoming manifest.  Often, the PTSD shatters an already fragile marriage, strained to the break point from years long separation.

Many soldiers, having survived the war, come home only to be placed in a trick bag: struggling with PTSD while their marriage falls apart.  To complicate things even more, there are special rules that apply to military divorces.

The psychology of both partners to the marriage is affected by the homecoming.  The state-side spouse absorbed 100% responsibility for managing household tasks, child rearing, education, and all other domestic issues.  A sense of independence may have seeped into the spouse's "mindset" that often requires an adjustment when the other partner returns from war.

For his part, the returning soldier needs time and some space to decompress from war; especially if the individual is not only returning state-side, but also discharging from the armed forces.

If the soldier's deployment was for several years, a spouse may have developed an "interim relationship" which must now be dissolved if the marriage is going to survive.  Many do not.

The Servicemembers Civil Relief Act (SCRA) [formerly known as the Soldiers' and Sailors' Civil Relief Act] is a federal statute that governs issues of defaulted servicemembers and the related stay of proceedings in divorce actions.  One feature of SCRA is that divorcing servicemembers are entitled to have the judge appoint them an attorney in the family court.  Interestingly, however, the statute is silent as to the scope of the appointed attorney's duties and her right to compensation for services rendered.

In a military divorce, support is also governed by federal regulations; each branch of the armed services has promulgated policies in the form of regulations that require the servicemember to provide adequate support for family members.  To calculate support, the servicemember's "leave and earnings statement" must be obtained and deciphered.

To enforce a support order, the support payee must turn to the Defense Finance and Accounting Service.  The DFAS website has references to garnishment resources and information on designated agents.

Custody issues are resolved, for now, in accord with the state laws governing this issue within a divorce proceeding.  Many states have specific provisions within their custody statutes that deal with a servicemember.

Congress, however, has been considering various amendments to SCRA that would federalize custody issues arising within military divorces.  The ABA has prepared a "white paper" on the subject.

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Vote for the Law Blogger in the ABA's Top 100

This is the 5th year the ABA Journal has conducted an on-line poll to determine the best law blogs out there in Cyber-Space.  If you like our law blog, please vote for us by clicking here. 

The Amici form required to register your vote can be anonymous and only takes a minute.  Non-lawyers can vote for this blog.

The scope of content covered by the ABA's top 100 blogs is truly amazing.  One of the best features of such a poll is the diverse legal specialties that come into focus.  Niche areas such as intellectual property, patents, tax law, Internet law, and estate planning are ideal for blog coverage.  The attorneys that administer blogs in these areas are specialists devoted to the development of their respective niches.

Our blog, on the other hand, reflects matters of more general interest to lawyers and consumers of legal services in Michigan.  This is consistent with our firm's general practice in areas of divorce, criminal defense, and probate law.

By drilling into the ABA Journal's website, you can get an idea of the subject matter covered in the law blogs honored by this Top-100 contest. 

As a long-standing member of the ABA, this blogger was recently provided with several complimentary annual membership cupons.  I still have a few left.  If you are a Michigan lawyer with a P-number greater than 65000, send me an email with your contact information.  Interested attorneys must act quickly as these cupons expire in a few weeks.

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Cooley Law School Ranks (Itself) 2nd in Nation, Behind Harvard

Good News!  Cooley Law School's latest law school ranking has just been published on its web site.  In a single year, they have improved from 12th to second best in the nation; only Harvard Law School remains ranked higher than Cooley according to the their own rankings.

Now, you've just got to stand back and take note of such bold and relentless devotion to self-promotion.  Simply refusing to allow reality to get in the way of its vision of excellence, Cooley actually announced its ever-higher ranking in a press-release on its web site.

Despite a firm national consensus that the law school dwels in the basement of the "4th Tier", Cooley believes it deserves top-flight status largely based on their collossal law library; one of the largest in the nation.  Nevermind that in our increasingly digitized world, actual bricks, mortar, and book volumes are rendered less-significant by the minute; think Borders.

This blog took note when Cooley drew serious national criticism by installing its good name on a minor league baseball park in Lansing; the former Oldsmobile Stadium.  That post received more comments than any other in this blog's two-year history.

A steady theme in the law-blogoshpere concerns the lack of employment prospects in the legal field after a six-figure student loan debt is incurred.  Along these lines, this blog questions the propriety of an educational institution that rakes-in premium tuition dollars on the promise of future employment, despite the absolute saturation and professional grid-lock among the already-minted lawyers in our service-based economy.

With its satelite campus system, and a jaw-dropping legion of graduates, Cooley is part of the "lawyers-gone-wild" problem in our nation.  This latest self-adulatory ranking is simply designed to entice ever-more eager but unsuspecting students into parting with a lot of dough for their shot at the American Dream; lawyer-style. 

In the opinion of this blogger, however, Cooley's self-rank is so disingenuous, it boarders on fraud.  Perhaps its time for the ABA to review this business model.  On the other hand, maybe Harvard Business School should do one of its famous case-studies on Cooley's undisputed financial success.

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ABA Proposes to Drop LSAT Requirement for Law School Applicants

The dreaded LSAT scantron.

From time-to-time this law blog has addressed the effects that the down economy has had on the legal profession. In doing so, we’ve alerted our readers to the collateral effects now becoming manifest for recent graduates of the nation’s 250+ law schools. We’ve often asked the question: do we really need more lawyers?

The latest development in this rough chapter of the profession is the current proposal of the American Bar Association to drop the requirement that students entering law school take the LSAT.

Doesn’t this sound like a good thing? Many critics have long-asserted that the only thing this test measures is one’s aptitude for taking a standardized test. Well, not so fast.

The consensus among the industry professionals is that all the top-tier law schools will continue requiring that applicants sit for the exam. It should be noted that as many as 10 law schools already have been granted waivers to admit students without LSAT scores.

Meanwhile, behind the scenes, the chairman of the ABA’s committee on the entrance exam has told the National Law Journal that a significant faction within the committee has concluded that the rule that law school applicants, “submit to a valid and reliable admission test” should be repealed. The committee’s concern, in part, relates to the ABA’s proper role in the law school admission process and its indirect endorsement of the Law School Admission Counsel; the well-funded organization that administers the LSAT.

The proposal to drop the LSAT requirement will be the subject of public debate at the ABA committee’s next meeting on April 2 in Chicago.

Last weekend, we posted on the problems associated with the glut of lawyers, taking our lead from a front-page story in the NYT Business Section that has since received much exposure. The ABA proposal has attracted more unwanted attention to the professional formation of attorneys.

One of the knocks against lawyer-making is that the process is designed to enrich the law school and impoverish the law student. Students willingly submit to the impoverishment process in exchange for a coveted professional credential: the Juris Doctor.

Local connection: No law school exemplifies this process more than our own Cooley Law School, receiving yet more spectacular negative publicity on this subject in the tongue-in-cheeky blog Above the Law whose recent post on this subject asks, “does the ABA really want every lower-ranked law school to turn into Thomas Cooley?”

While acknowledging that most of the top-schools will continue using the admission test, ATL suggests that Cooley will drop the LSAT like a bad habit, opening the door even further for those, er, less-qualified legal aspirants that can afford to pay heavy-duty tuition bills for their shot at the American Dream; lawyer style.

While our service-economy is flexible and somewhat forgiving, your law school student loan obligation is not. Where the rubber meets the road on this problem is that attorney positions have become occasional in a crowded profession.

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