Robert Wheelock brings over thirty years of worldwide military related legal experience to your case involving military law and military issues. He initially served in the nuclear submarine service; and then became a Navy JAG. While on active duty, Mr. Wheelock served in numerous military law capacities. He worked for the Judge Advocate General of the Navy in Washington, D.C. in Admiralty Law as a liaison with the Department of State and the Department of Justice. Mr. Wheelock also served in a dual capacity between the Navy and the Department of Justice as a Special United States Attorney on military medical malpractice. He functioned as a bio-ethics attorney for military hospitals. Mr. Wheelock served as trial defense counsel, legal assistance counsel and finally as a Chief Trial Counsel involved in a large number of Courts Martial, Administrative Discharge Boards and Medical Discharge Boards throughout the world.
Since entering private practice in 1985, Mr. Wheelock has brought his military training and experience to all areas of the law of interest to service persons and their families. He has essentially functioned as a private JAG doing military justice cases in all services including Navy, Army, Marines, Coast Guard and Air Force from Central Florida to Japan.. Mr. Wheelock has defended clients in Courts Marital, in Medical Discharge Boards, Administrative Discharge Boards and in desertion matters. One recent military case was in Washington, D.C., at Naval Headquarters.
Mr. Wheelock currently represents a significant number of military personnel on deployment in Afghanistan, Iraq and other places, and the spouses of service members, in Florida family law matters. He was an active duty JAG at the genesis of the uniform Services Former Spouses Protection Act. Mr. Wheelock has taught and lectured Judges, lawyers and military people on the meaning and effect of this federal statute since its inception and as it changed over time. Recently, Mr. Wheelock has been accepted as a Court expert to testify directly to the Judge on military family law matters. Mr. Wheelock understands that military family law presents difficult issues not always seen by the average family practitioner. It is important to make sure that your case is handled by an attorney that understands the implications of military law on your situation. It is always better to involve our law firm in the beginning of your case to prevent something bad from happening regarding division of military pension, the effect of the Survivor Benefit Plan and the enforceability of Orders through DFAS. Even a small mistake can have devastating effects on the enforceability of a military family law order.
In these very demanding military times, no one knows better than Mr. Wheelock the price that a service member pays for the call to arms. The stretching of military resources in the last eight years have demanded multiple extended deployments that can have devastating personal consequences on the home front. We also keep in mind how difficult it is for the military spouse to keep the home fires burning while the service member is away for extended periods.
We make time for consultations for service persons and military spouses every business day. Please contact us for an immediate consultation. Telephone consultations are available for deployed persons and family members.
MILITARY DIVORCE ISSUES
The Servicepersons Civil Relief Act will protect the service member, and prevent a Court from entering a default or deciding your case until the service member is available to attend court.
Florida divorce courts will decide matters involving your children in Florida. Even if you are deployed, you will not lose your parenting rights and the right to spend time with your children
Florida is allowed to divide a military pension if the service person is domiciled in Florida, has his/her home of record in Florida, or consents to Florida dividing the pension.
The portion of the military pension plan that the spouse who is not in the service may receive depends on multiple factors like the length of military service, the length of the marriage, other pensions and the overall value of the marital estate. The effect of service in the reserves on the pension amount and marital portion of the pension can be especially difficult to calculate.
The ten-year rule is one of the most misunderstood parts of the federal law. Simply stated, whatever is divided of the pension will only be honored for direct payment by DFAS if the marriage was at least 10 years during the course of active military service. Timing of the divorce can be critical depending on your point of view in enforcement of pension rights.
In addition to pension rights, a spouse married to a service person for more than 20 years during the course of active military service has rights to health care and other ancillary rights like base access and a military ID card.
The Survivor Benefit Plan is a completed choice that initially must be made at the time of retirement. It is expensive and may or may not be the best option. It is also possible to enroll in the Plan subsequent to retirement. Make sure that your lawyer understands the implications of the Survivor Benefit Plan in your divorce before making an irrevocable decision.
The military has a separate criminal code of conduct, called the Uniform Code of Military Justice. Violations of any provisions of the Uniform Code of Military Justice may result in an informal hearing or a full court martial. You are entitled to legal representation, independent of any legal representation provided through the military. You have important rights against incrimination, and may have a defense to the charges brought against you. Please contact us for an immediate consultation.
Mr. Wheelock has represented service persons of all ranks from E1 to O6 in all services for both temporary and permanent medical disability and retirement. Service persons are often asked to waive a formal board and sign accepting an evaluation without being fully informed of the long-term consequences of this decision. Competent legal advice during the process in a timely fashion can protect your rights. Do not let anyone talk you into waiving your military rights and having the VA decide your case without knowing all of your options. Please contact us for an immediate consultation
If you are discharged from active duty military service over your objection, you may have rights to challenge the discharge. As soon as a discharge has begun against you, please contact us to discuss your rights. Be careful about waiving an administrative discharge board just for the convenience of getting a quick release from military duty. The ramifications can stay with you for a lifetime. If the discharge has been granted, you may have important appeal rights. There are limited time periods for you to respond. Do not delay as you may lose your rights. Please contact us for an immediate consultation.
Even though you made a mistake years ago, you can get this desertion behind you, and resume a normal life. Our law firm will assist you in arranging a surrender, and guide you through the process of being discharged. Please contact us for an immediate consultation.
