During his nearly 9 years of active duty service with the U.S. Army JAG Corps, military lawyer Joseph A. DeWoskin litigated more than 75 cases as both a criminal prosecutor and a criminal defense attorney. Having been deployed to Somalia twice and to Haiti once, he can easily relate with military personnel, speaking their language and sharing in their experiences.
Attorney DeWoskin has been retained to testify as an expert on military retirement plans and survivor benefit plans, and how these issues affect the divorces of active duty reserve and retired military personnel. While on active duty, he was assigned as trial counsel/prosecutor, trial defense attorney and, as his final assignment on active duty, the Chief of the Criminal Law Division at Fort Leavenworth.
Attorney DeWoskin has also taught continuing legal education classes on the Servicemembers Civil Relief Act, the Uniformed Services Employment and Reemployment Rights Act, and other military issues impacting divorce and family law matters.
If you need an attorney who has extensive military law experience, contact Joseph A. DeWoskin, PC, today. With offices in Kansas City, Kansas, we serve clients in Kansas and Missouri.
Very few attorneys are intimately familiar with military law, let alone the Manual for Courts-Martial. If you are a member of the armed services, you had better ask any lawyer you intend to hire if they know what they are getting into.
We represent clients in all branches of service, and we handle a wide variety of issues, including Article 32 hearings, courts-martial proceedings, courts-martial appeals, military administrative separation hearings, non-judicial punishment (Article 32), discharge review boards, and more. Having both prosecuted and defended courts-martial cases, we know where the prosecution is coming from, and how to get our clients the best results available.
Whether you are on active duty, in the Reserves or in the National Guard, we can help you understand and assert your rights under the Servicemembers Civil Relief Act (SCRA) and the Uniformed Service Employment and Reemployment Rights Act (USERRA).
SCRA provides protections to all active-duty service members, Reservists, and National Guard members. The law is meant to postpone or suspend certain civil obligations for servicemembers, so they can focus on duty, and their families can be relieved of stress.
SCRA postpones or suspends these obligations:
Outstanding Credit Card Debt
Interest accrual of more than 6 percent for credit obligations established prior to active duty.
Eviction from Housing Due to Nonpayment of Rent
Termination of Lease
USERRA protects military members and veterans from employment discrimination on the basis of past, present or future military service. The law is also meant to ensure that service members' careers outside of the military are not negatively affected because of military service.
Eligibility requirements for protection under USERRA include:
Providing your employer with advance notice of your service.
Returning to or reapplying for work in a timely manner after your service is concluded.
Having done five years or fewer of cumulative uniformed service while with your employer.
Not having been separated from military service by a disqualifying discharge or under anything other than honorable conditions.
If you have questions about any of these matters, we can assess your situation and provide you with straightforward answers.
When members of the military face divorce or modification proceedings for child custody and child support, often there are military-specific legal issues that come into play. If you are facing a divorce and you or your spouse is a military member, hiring an attorney who is not familiar with military issues will put you at a disadvantage.
Attorney Joseph A. DeWoskin has testified as an expert regarding survivor benefit plans (SBP) and military retirement plans, particularly as they relate to marriage and divorce, and he has a wealth of experience in resolving military divorce and family law issues.
To schedule a consultation with an experienced military law attorney, contact us by email or call us at 913-738-9416. We are here to help.