Types Of Benefits
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What Kinds Of Benefits Are Divided In Military Divorce?
Family law matters involving military personnel have an added complexity that can add stress to a family. Military divorce issues can become complicated because of concerns regarding divisionof benefits, including retirement savings. The Orange County divorce benefits attorneys at the Burch Shepard Family Law Group, routinely represent men and women in military divorce matters in California. We have vast experience representing both military members and spouses of military members.
Types Of Benefits In Military Divorce
There are many different types of benefits for military members. During the divorce process, benefits are typically divided based on a number of factors, including the number of years of the marriage and the number of years served in the military.
The most common types of benefits that are divided in the divorce process include:
While California statutes consider all benefits as community property, military matters are governed by military law and federal statutes. Because of the level of complexity of the property division and benefits division process, it is in your best interests to speak with an experienced military divorce lawyer. Our Newport Beach military divorce attorneys are highly knowledgeable of military laws and have been successful in representing clients in all types of family law matters. Our goal is to prioritize your objectives for your situation and provide direct advice so you can make an informed decision. No case is too complex for our firm to undertake.
Contact Our Divorce Benefits Law Firm In Orange County
Our attorneys are prepared to represent you! Call us at (949) 565-4158 today to schedule a consultation.
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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.
