On behalf of Robert Burch of Burch, Coulston & Shepard, LLP posted in Military Divorce on Friday, December 12, 2014.
A military divorce in California presents different challenges from those of people who are not service members. Many of these issues involve the division of military benefits. Such benefits include pensions, retirement plans and medical benefits. This process is governed by federal law and military law, unlike property division in civilian divorces, which is governed by state law.
There are a number of different factors courts will consider when dividing military benefits. For example, how long the couple was married makes a difference, because in some circumstances, the longer the marriage, the more benefits a spouse is entitled to. In addition, unlike civilian divorces in California in which the end of the marriage is pinpointed at the date of separation, in a military divorce the end of the marriage starts when the divorce is finalized. Having a service member overseas during the divorce process can also complicate matters.
Our firm understands that you may simply want to divorce in a timely and fair manner. Our familiarity with laws such as the Servicemembers Civil Relief Act, which gives service members certain procedural rights, can help our clients who are seeking a divorce. We may also able to explain jurisdictional issues if necessary.
Our firm has represented both service members and non-service members with their divorce issues, including property division and child custody. We work towards obtaining fair resolutions, even when matters become complex. The realities of wartime and military life can be hard on a marriage, and can lead many couples to decide that it is in their best interest to divorce. Our aim is to provide our clients with realistic guidance regarding their dissolution. To learn more about our military divorce practice, please visit our website.