Military Benefit Issues
Backed by 100+ Years' Experience
The Best Way To Divide Military Benefits In Divorce
Military servicemen and women involved in a divorce face a unique situation. Because military benefits are often subject to division, federal laws come into play when dealing with how these benefits are to be split. At the Burch Shepard Family Law Group, our military divorce lawyers understand the military and federal laws that apply to military divorces and the division of military benefits. Our firm has a great deal of experience working with servicemen and women and has represented both sides, the military and non-military individuals, during a divorce.
Division Of Military Benefits in California Divorce
Our attorneys understand the complexity of military family law issues and can provide the guidance to effectively make decisions about your legal issues. Since the division of military benefits upon a divorce is governed by military and federal law, the usual California state guidelines do not apply.
Some of the elements used to determine the division of military benefits include:
Length of the marriage: The longer a marriage goes, the more rights the non-military spouse has to the military benefits.
The date of dissolution: Per military and federal law, the date of dissolution is the date that is considered the end of the marriage, which is different from California law. California law considers the date of separation the end of the marriage.
Service record of the military member
Civil Relief Act: Under the Civil Relief Act, the member of the military is guaranteed certain procedural rights in the event that the soldier is stationed overseas.
Residence and jurisdiction issues: If either party is a resident of another state, there may be jurisdictional issues that complicate the case.
Types of benefits:Retirement, pension, medical and other benefits may be divided in different ways.
Learn more about military benefits and divorce from an attorney at the Burch Shepard Family Law Group, call (949) 565-4158 or contact us online. We serve clients throughout Orange County, California, and beyond, including the cities of Santa Ana, Dana Point, Mission Viejo and Newport Beach, among others.
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I am thankful for a attorney Robert, for his wonderful representation. His professionalism, and the way he carries himself with so much authority and knowledge is making this process run Smoothly. The delay in the process has given my children and I time, space, peace of mind and the healing we needed so much, thank you. God knows the right timing and the right results and He sends us the right persons to work things out. You are all a team of wonderful people. Thank you.
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 949-565-4158 today!
Do I Have to be a California Resident to Divorce Here?
To file for divorce, you must be able to prove California residency for six months and residency in the county where you file for at least three months. The respondent or "defendant" spouse in a divorce case does not have to be a California resident, however.
What are Some of the Key Early Steps in the Divorce Process, and How Long Does it Take?
Divorce proceedings begin when either spouse files a petition that is served on the other. The person served then has 30 days to file a response, or the case proceeds without that response toward a likely final judgment about six months later.
If there is a response, the parties begin the process of exchanging information and, typically, attempting to negotiate a marital settlement agreement either on their own or in a mandatory conference in court. Every case is different, and the entire process can take anywhere from months to several years.
Do I Need to Prove My Spouse Is at Fault for Causing the Divorce?
No. California is a "no fault" divorce state. Grounds for divorce are not considered, although the court may consider many factors when issuing orders on child custody and other issues.
How Do I Get Started if I Have Decided I Want a Divorce — or a Legal Separation?
Our divorce attorneys strongly encourage you to contact an experienced, qualified lawyer — ideally, one who focuses exclusively on family law. Pursuing a do-it-yourself divorce is legal but filled with traps and potential complications.
At the Burch Shepard Family Law Group, our Orange County divorce lawyers have guided many hundreds of men and women through divorces of all levels of complexity. We emphasize preparation and results, always putting our clients' needs and best interests first.
