Military Divorce Lawyers in California

As a lead attorney at Hayat Family Law, I understand the unique challenges that military divorce presents. Here are some frequently asked questions and detailed answers to guide you through the process:

1. Do I need a specialized lawyer for a military divorce in California?

Yes, it is highly recommended to work with a lawyer who specializes in military divorces. These attorneys have expertise in both California family law and federal military regulations, which can significantly impact your case.

2. What are the residency requirements for filing a military divorce in California?

To file for divorce in California, one of the spouses must be a resident of the state for at least six months and have lived in the filing county for at least three months. Military members stationed in California may also qualify.

3. How does the Servicemembers Civil Relief Act (SCRA) affect my divorce?

The SCRA provides protections for active-duty service members, including the ability to delay court proceedings and protection from default judgments if they cannot appear in court.

4. How is military retirement pay divided in a California divorce?

Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), military retirement pay earned during the marriage is considered marital property and can be divided. California courts typically follow community property laws, dividing assets equally.

5. Can I still receive military benefits after a divorce?

This depends on the “20/20/20 Rule”: you must have been married for at least 20 years, your spouse must have served in the military for at least 20 years, and there must be 20 years of overlap between the marriage and military service. If these conditions are met, you may retain certain benefits.

6. How is child custody determined in a military divorce?

California courts do not discriminate against active-duty military parents when deciding child custody. The best interests of the child are always the primary consideration, and the court will consider factors such as deployment schedules and the ability to co-parent.

7. What if my spouse is deployed and I need to file for divorce?

If your spouse is deployed, you may need to wait until they return, as the SCRA allows for delays in court proceedings. However, if your spouse agrees, they can sign a waiver to proceed with the divorce.

8. How is spousal support determined in a military divorce?

Spousal support is determined by the court based on factors such as the length of the marriage, the financial needs of each party, and the earning capacity of the dependent spouse. Military pay and allowances are considered in these calculations.

9. Can I get a default judgment in a military divorce?

Default judgments are generally not allowed in military divorces due to the protections provided by the SCRA. The court may grant a delay of up to 90 days for active-duty service members to respond to a divorce petition.

10. How do I serve divorce papers to an active-duty spouse?

The military can assist in locating your spouse, but you cannot rely on them to serve the papers. You must follow California’s service of process rules, which may include personal service or mailing the papers if your spouse agrees to waive personal service.

11. What if I am stationed overseas and want to file for divorce in California?

If you are stationed overseas, you can still file for divorce in California if you meet the residency requirements. However, jurisdiction and service of process can be more complex, and it is advisable to consult with a military divorce attorney.

12. How does the court handle moving expenses for a non-military spouse after a divorce?

The military may cover the moving expenses of the non-military spouse returning to the United States after a divorce. Other moving expenses are typically negotiated as part of the divorce settlement.

13. What if my spouse refuses to respond to the divorce petition?

If your spouse refuses to respond, the court may grant a default judgment, but this is rare in military divorces due to the SCRA. The court will typically grant delays to allow your spouse to respond.

14. How does the court handle child support in a military divorce?

Child support is calculated based on California’s guidelines, taking into account both parties’ incomes and the time the child spends with each parent. The amount cannot exceed 60% of the military member’s disposable income.

15. Can I modify a custody agreement if my spouse is deployed?

Yes, custody agreements can be modified to accommodate deployment schedules. However, the court will consider the best interests of the child and may require a return to the original agreement once the deployment ends.

16. What if I am the non-military spouse and need financial support during the divorce process?

California courts can order temporary spousal support during the divorce process. You should consult with an attorney to ensure your financial needs are addressed.

17. How does the court handle division of debts in a military divorce?

Debts acquired during the marriage are considered community property and are typically divided equally. However, the court can consider factors such as which party incurred the debt and for what purpose.

18. What if I am a military spouse and my service member refuses to pay child support?

Military service members are required to support their children. If your spouse refuses to pay child support, you can seek enforcement through the court or the military’s Family Support Office.

19. How does the court handle division of a family business in a military divorce?

The division of a family business follows California’s community property laws. The court will typically order an evaluation of the business to determine its value and then decide how to divide it fairly.

20. What resources are available to help me through a military divorce?

The military offers legal assistance offices that can provide guidance and referrals. Additionally, organizations such as Military OneSource offer support and resources for military families going through a divorce.

If you have any more questions or need assistance with your military divorce in California, please contact Hayat Family Law. We specialize in military divorce cases and can provide you with the guidance and support you need.