Military Spouse Divorce Lawyer in Santa Barbara

Name: Military Spouses
Brand: Bamieh & De Smeth
Rating: 4.8 (150 reviews)

Divorce can be an emotionally challenging experience, and when it involves a military spouse, it brings additional complexities that require specialized legal knowledge. If you are facing this, it’s essential to have a military spouse lawyer in Santa Barbara who understands the unique legal considerations that may arise during the process.

How Military Service Affects Divorce in Santa Barbara

Military service introduces a number of unique legal issues that must be carefully addressed during divorce proceedings. In Santa Barbara, where many service members are stationed or call home, understanding how military service impacts divorce is key to protecting your rights. Here are some crucial considerations:

Jurisdiction and Residency Requirements

When it comes to military divorce, there are multiple options for filing depending on the circumstances. In California, military divorce cases can be filed in:

The state where the military spouse is stationed
The state where the military member is a legal resident
The state where the non-military spouse resides

To file for divorce in Santa Barbara, at least one spouse must have lived in California for six months and in the county for three months. However, military personnel may qualify for residency exceptions that allow them to file for divorce in Santa Barbara even if they haven’t met traditional residency requirements.

Division of Military Pensions

One of the most significant aspects of a military divorce is the division of military pensions. Under the Uniformed Services Former Spouses' Protection Act (USFSPA), California treats military retirement pay as marital property. This means it can be divided during divorce proceedings.

Key Points:

Marriages of less than 10 years: Unlike some other states, California does not require a marriage to last a minimum amount of time for military pensions to be divided.
Direct payments: If the marriage lasted 10 years or more during military service, the non-military spouse may be eligible to receive direct payments from the Defense Finance and Accounting Service (DFAS).

Impact of Deployment on Divorce

Deployments can delay the divorce process, as the Service Members Civil Relief Act (SCRA) offers protections for service members by allowing them to request a postponement of legal proceedings during deployment. This ensures that military members can focus on their duties without added pressure from divorce proceedings.

Special Legal Considerations for Military Divorce in Santa Barbara

When dealing with a divorce involving a military spouse, there are several important legal steps to consider:

Legal Assistance for Military Spouses

Military spouses stationed in or near Santa Barbara have access to free legal assistance services on base. These services can provide invaluable support during a divorce, including:

Guidance on rights and entitlements
Help with filing and documentation
Review of legal documents related to the divorce

These resources are designed to support you in understanding the unique aspects of military divorce and can help you navigate the process more smoothly.

Child Custody and Relocation

Military life often involves frequent relocations, which can complicate child custody arrangements. Courts in Santa Barbara will take several factors into account when determining custody, including:

Stability and continuity in the child’s routine
The ability of the non-custodial parent to maintain contact with the child
Deployment or relocation issues

If relocation is involved post-divorce, the parent seeking to relocate must meet both state and military regulations to demonstrate that the move is in the child’s best interest.

Health Care and Benefits After Divorce

After a military divorce, the former spouse may lose access to military health care benefits unless they meet specific criteria under the 20/20/20 rule:

The marriage lasted at least 20 years
The service member served 20 years
There was a 20-year overlap between the marriage and military service

If the 20/20/20 rule does not apply, former spouses may need to seek alternative health care options like COBRA coverage or civilian plans.

How a Military Divorce Lawyer Can Help You in Santa Barbara

Military divorces require a thorough understanding of both California family law and the specific military regulations that govern service members and their spouses. Having a skilled military divorce lawyer in Santa Barbara can help you navigate these complexities with confidence. Whether you need assistance with pension division, custody arrangements, or military benefits, an experienced attorney will ensure that your rights are fully protected.

palm trees by a road on the side of the beach

Contact Bamieh & De Smeth, PLC: Your Military Divorce Lawyers in Santa Barbara

If you’re considering a military divorce or are already in the process, the attorneys at Bamieh & De Smeth are here to help. We specialize in military divorces and are well-versed in the unique challenges military families face. With a deep understanding of California’s divorce laws and military regulations, we’re ready to guide you through the process and help you secure the best possible outcome. Call us today at (805) 643-5555 to schedule a consultation. Our military spouse divorce attorneys in Santa Barbara are available to answer your questions, discuss your case, and provide personalized guidance. You can also reach out to us online.

Military Spouses FAQ

Here are answers to some common questions about military divorce in Santa Barbara:

How is child support calculated in a military divorce?

Child support in California is based on both parents' income, the custody arrangement, and the child’s needs. Military allowances and benefits are included when calculating child support payments.

What happens to base housing after divorce?

In most cases, a military spouse may need to vacate base housing within 30 days following the divorce, although extensions may be granted under certain circumstances.

Can I still use the commissary and exchange after divorce?

Your eligibility to use commissary and exchange benefits depends on the length of the marriage and the service overlap. Typically, these benefits end after divorce, unless specific eligibility criteria are met.