Helping Military Service Members And Their Spouses Through The Divorce Process
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 and 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 and other family law matters.
What Makes Divorce Different For Military Members And Spouses?
The entire divorce process is different for those in the military. Often, soldiers are stationed at bases far away from their homes or deployed in foreign countries. This can make it much more challenging for those couples who seek to end their marriage. The most common obstacles that arise during a military divorce include:
- Finding the right place to file for divorce — Specific residency requirements may need to be met before a person can file for divorce in a certain state.
- Getting the case started — There are federal laws which have special protections in place for military members that you need to know about before filing or responding to a divorce request.
- Coming to a workable child custody agreement — Those stationed in states far away from their kids are still entitled to time with their children, and it can be difficult for the sides to come to an agreement in the best interests of the children.
- Dividing the military pension — This is a very valuable asset that can cause serious issues during the discussion of the divorce, and couples need to be very careful about entering into any agreements before they have received legal advice.
Dealing with these issues is not easy even in the best of circumstances. Our lawyers will explain the laws that apply to your case, and then work with you to develop the specific approach that you wish to take in your military divorce.
Answering Your Questions About Divorce And The Military
My spouse is deployed in a foreign country. Can I still file for divorce?
Yes. You can still move forward with ending your marriage, in most cases. To understand what you can and cannot do at this time, you should talk to us about what is happening in your case. We can provide you with detailed information regarding the process and what you need to do in order to get things moving.
Will my wife get half of my military pension?
This is where things start to get complicated. We need to review your situation to learn more about your case to provide you with any real answer here. Specific factors — such as where you were stationed, the place you claimed as an official residence, as well as the starting and potential ending point of your marriage will all be important items to examine to determine what may happen with the division of your marital property.
Will my nonmilitary spouse still receive benefits after our divorce?
The answer to this question will depend upon your situation. There are federal laws that cover this issue, and benefits may be provided to spouses who have been married for a significant period of time. Certain requirements must be met before those benefits will be awarded, and we would be happy to discuss what would apply to your specific situation.
Why You Need An Experienced Attorney On Your Side
When you or your spouse is in the military, the process of obtaining a divorce is much more complicated than it is for civilians. There are many more complex issues that require careful analysis of the particular laws that apply to your situation.
Handling your divorce without an attorney could mean that certain requirements are not followed properly. This could potentially lead to agreements that lack the comprehensiveness needed in your case. Our legal team will make sure to treat your case with compassion, to allow you to focus on taking care of your family.
Contreras Law Firm | San Diego, California, Family Law Firm
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 by calling us at 619-908-1495 or sending us an email to schedule your free consultation.