Married couples throughout California can face innumerable struggles in their relationships, but few may be as difficult as the stresses faced by military service members and their spouses. The nature of their work, the challenges of being apart during deployment and other issues associated with military life are unlike anything a civilian married couple has ever experienced.
In a similar manner, when a marriage involving a military service member comes to an end, there are unique issues that need to be addressed. While things like child support, child custody, division of property still need to be resolved as they would in a civilian divorce, the processes involved are completely different. Having a lawyer who understands these unique processes can help to ensure that your interests are protected.
At Contreras Law Firm, we represent service members and their spouses in all aspects of military divorce. From our office in San Diego, we represent clients affiliated with installations throughout Southern California.
Military divorce can be especially difficult for members of the armed services. Divorce can occur while they are stationed overseas, which not only makes their service difficult, but can also result in long, drawn-out divorce proceedings. This is not necessarily the fault of either spouse, but is often simply the nature of a military divorce.
Military divorce operates on the same premises as a civilian divorce, taking into consideration how custody should be handled, support for the spouse and children, and the division of property in the community estate. The military pension will be divided between both spouses as would any other retirement benefit plan in a civilian divorce. However, both spouses need to understand how various military benefits affect the marital estate, such as VA benefits, pension plans and disability.
One aspect that makes military divorce different from ordinary divorces in California is the way military members are served with divorce papers. Civilian spouses who do not respond to service of process can still be found to agree to the divorce and the proceedings will continue without that spouse present. However, a military spouse will be governed by the Servicemembers Civil Relief Act (SCRA), which provides that an active service member cannot be held fully responsible for not responding to divorce papers. However, a service member cannot neglect the papers either. We also understand the rights of civilian spouses as provided in the Uniformed Services Former Spouse Protection Act (USFSPA) and other laws.
Contreras Law Firm | San Diego, California Family Law Firm
If you are considering a military divorce, do not hesitate to contact an attorney at Contreras Law Firm. If you or your spouse is in the military, do not let this fact deter you from seeking a divorce. Marriage is often difficult, much less marriage while in the military, and you should not force yourself and your family to continue with an unhappy relationship.
Our attorneys have experience resolving military divorce cases and other family law issues, which can affect divorce. Military divorces require a deeper knowledge of family law in California as well as federal law in order to accurately serve a military spouse with a divorce. Contact our San Diego office today to schedule your initial free consultation.Back to Top