Overview of the Naval Station Norfolk Legal Office
The legal office at the Norfolk Naval Base provides counsel to military personnel and their families even though it does not conduct general civilian business in the area. All military members receive the same rights and protections as civilians unless they are in uniform, at which point certain qualified privileges apply. Consequently, the legal office cannot handle things like divorce for military members because the divorces must occur via military channels.
Much of the legal work that the legal office at the Norfolk Naval Base performs concerns criminal law and punishments under the Uniform Code of Military Justice (also called the UCMJ). The UCMJ functions like a set of criminal laws and a penal code just for military personnel . It also includes a Special Victims’ Counsel program that has been shown to reduce victims’ trauma when they qualify for the program. This program is only open to military personnel, but Virginia has similar programs that include civilians.
For other legal needs, military personnel can still visit the legal office at the Norfolk Naval Base to get attorneys to represent them for civil matters. However, the office cannot represent its clients in cases that might result in the conflict of interest, which the office will attempt to avoid.
The legal office at the Norfolk Naval Base helps military personnel in the area with a variety of prosecutions and other criminal matters. The staff members do not prosecute civilians or those who live on base but are not part of the military, and they cannot handle real estate matters.
Legal Services Provided
The primary mission of the Legal Office at Norfolk Naval Base is to provide legal assistance to service members and their family members. The attorney-client privilege protects everything shared between you and your attorney at the legal office. All communications are confidential, which means that the legal office cannot talk about an individual’s situation to anybody else without that person’s permission.
It is absolutely vital to have an attorney for almost any legal issue including filing a claim, contesting a ban, drafting a will, requesting retirement from the military, and much more. The old saying is true – an ounce of prevention is worth a pound of cure. You get you, your family, and your property protected by speaking to an attorney at the legal office to ensure that you do not end up dealing with a massive legal situation later down the line.
The legal office provides many important services to military members and their families, including:
Legal assistance
Preparation of wills
Powers of attorney
Referrals to trial defense services
Notary public services
Preparation of vacation forms
Government travel charge card counseling
Military tenants’ rights
Deployment and mobilization
Military pay issues
Consumer issues
Assistance with survivor benefit plans and requests for consumer claims
Separation and retirement issues
Civilian education program advising
Child custody and support issues
Landlord-tenant issues
Child adoption
Divorce, separation, and annulment
Guardianship, conservatorship
Guarding of estate
Establishment of paternity
Establishment and modification of child custody and support
Establishment of spousal support awards
Enforcement of custody, child support, and spousal support awards
How to Seek Legal Assistance
Gaining access to legal assistance services at the Norfolk Naval Base is designed to be part of a seamless process that begins with addressing any urgent command related legal matters through the appropriate command channel. Command legal matters typically include questions about administrative actions or non-judicial punishment. Questions about actual or potential adverse administrative or judicial actions need to be brought to the command’s attention as soon as practicable via a Command Naval Legal Service Office (NLSO). For free assistance from an NLSO, active duty or reservist service members must have their command submit a request on their behalf. Also eligible for NLSO assistance and representation are:
· Retired Military
· Adult Dependents, and
· DoD Civilians on Orders for Deployment.
To make an appointment with the Office of the Staff Judge Advocate (OSJA), you should go to the scheduling office at your assigned legal assistance office. The staff judge advocate supports the command by providing legal advice to the commanding officer, the command staff, and military personnel assigned to the command. Each OSJA is divided into two separate shops: the legal assistance shops and the trial counsel shops.
Legal assistance is primarily available to active duty personnel or personnel eligible for retired or retainer pay. Department of Defense (DoD) civilians on overseas travel orders in eligible duty status may also have access to services through legal assistance offices. Therefore retired service members and their family members are not normally eligible for legal assistance services unless they are called back to active duty for a contingency operation.
The Family Support Center provides "PowerPoint" legal briefings for clients regarding wills, health care proxies, general powers of attorney and other estate planning topics. These briefings are offered several times a month.
Common Legal Topics Addressed
The issues most commonly addressed by the Legal Office at the Norfolk Naval Base involve family law matters, landlord-tenant disputes, and estate planning. Family law cases include divorce and custody matters, and they account for a vast majority of the caseload handled by the Navy JAG at Norfolk Naval Base. These cases are often handled as uncontested cases if the parties are able to agree to the terms of the divorce via a Joint Pretrial Order. Circumstances concerning custody and custody-related issues are almost always handled in collaboration with other legal entities or organizations on the base . Landlord-tenant disputes involving civilians are also handled by the Legal Office at Norfolk Naval Base. Typical disputes concern issues related to the rental agreement, such as nonpayment of rent or property damage. Legal issues involving wills and powers of attorney are typical of the estate planning cases handled by the Legal Office. These documents can cover such vehicles as life insurance, military allowances, life insurance allotments, civilian benefits, and private savings and investments.
Contact Information and Office Hours
The Legal Office at Norfolk Naval Base is dedicated to serving the unique needs of military members and their families. They offer a wide range of legal assistance services to help you navigate the complexities of military life. You can reach the legal office by telephone at (757) 444-1345 or by email. Be sure to check in for any scheduled appointments or events to avoid any conflicts.
If you are seeking legal assistance services, the Norfolk Legal Services webpage is a helpful place to start. Specific contact information for individual divisions is available on the website. In general, the office supports the entire Joint Forces Command and also engages in community outreach to provide information on legal issues of interest to military personnel and their families.
Office hours are Monday through Friday from 8 a.m. to 4:30 p.m. During these hours, walk-in legal assistance consultations are typically offered, but it is always best to call ahead or check their website before visiting to confirm availability.
For further information about their services or to make an appointment for legal assistance, you can refer to their website or contact them directly by phone or email.
Frequently Asked Questions
1. If I don’t have a Power of Attorney (POA) yet, can I still file for divorce?
If you don’t have a POA but are currently deployed away from your family home, the divorce can still be filed. However, the action will be stayed (put on hold or temporarily inactive) until you’re either back in the country and able to sign, or you have a POA completed and can send it back to your spouse in country to sign.
2. Can my spouse and I hire one lawyer to handle the divorce for us?
No, both parties must have separate legal counsel. This is true in order to avoid any conflict of interest and to ensure that each party has the advice of their own counsel in making important decisions regarding the divorce process.
3. I want to begin the divorce process here at the Norfolk Naval Station, but my spouse is not here or at their home of record. Can I still file here?
Yes, in certain circumstances. Regardless of where your spouse is, you can still obtain a divorce in Virginia if they meet certain requirements, such as current residency in the state . Also if your spouse received authorization to join the service, their home of record may not be accurate; in many cases they’re eligible for a Virginia divorce when they’re assigned here in Virginia.
4. I want to file for divorce in Virginia, but my spouse is at their home of record. Will they be ordered back to Virginia for court hearings and to have their deposition taken?
No, your spouse will not have to return to Virginia unless they believe they have reason to dispute jurisdiction in the case. In cases where there’s no property or issues that would require your spouse’s presence, the proceedings take place entirely through the filing of documents and the submission of interrogatories.
5. If I’m unsure whether my spouse has retained counsel, before I proceed with filing the divorce should I call them?
Most certainly. We recommend that spouses contact one another to ensure that each of their legal needs are met before proceeding forward with the case. At times, it can be hard to discern whether your spouse has retained counsel in divorce cases. It’s best to simply ask them before moving forward.