Unique Challenges of Military Divorce
June 2, 2024Every divorce is unique, and every divorcing couple faces their own unique challenges. If, however, you are facing a military divorce, there can be an additional layer of complexity that needs to be addressed in order to protect your financial and parental rights. If this is the difficult situation you find yourself in, seek the skilled legal guidance of an experienced California military divorce attorney.
The Basics
There is no escaping the fact that virtually every divorce is emotionally and legally challenging, but military divorce involves unique factors that stem from all the following:
- Deployments and frequent relocations
- Child custody arrangements in the face of deployments and frequent relocations
- Laws governing military benefits and pensions
Let’s take a closer look at each.
Deployments
Deployments require servicemembers’ utmost commitment and focus, and responding to a divorce petition under these circumstances puts them in a very challenging position. In fact, attending the hearings that often accompany divorce proceedings may not be a possibility. The government understands this unique challenge and addresses it with the Servicemembers’ Civil Relief Act (SCRA), which protects service members who are on active duty from specific civil obligations, including divorce hearings.
Child Custody Arrangements
California child custody rulings are always based on the involved children’s best interests, and while spending time with both parents is universally considered preferable – barring a serious reason for ruling otherwise – deployments and frequent moves can interfere with the parenting time schedule.
Because the court’s focus is on emphasizing continuity and stability in the lives of the involved children, the fact of a deployment or military move does not automatically justify a significant modification in the child custody arrangements. As such, you should always have focused legal guidance on your side.
Military Benefits and Pensions
While many people believe that a former spouse is automatically entitled to their ex’s retired military pay, this isn’t how the law works. Instead, the court must specifically award a division of the military pension and benefits in the divorce decree – as deemed appropriate in the context of the unique circumstances involved. A range of relevant factors guide the outcome of these important legal decisions. This is a complex legal matter, and working closely with a trusted military divorce attorney is the surest means of protecting your financial rights in your military divorce.
An Experienced California Military Divorce Attorney Is on Your Side
If you are facing a military divorce, you’re facing additional complications that can directly affect your divorce terms and your rights, which makes proceeding with caution advised. The seasoned military divorce attorneys at Bamieh & De Smeth – proudly serving both Ventura and Santa Barbara – dedicate their practice to skillfully guiding complex cases like yours toward optimal outcomes that support our client’s futures. Our savvy legal team is on your side and here to help, so please don’t put off reaching out and contacting us online or calling 805-643-5555 for more information about what we can do for you today.