Military Spouse Divorce Lawyer in Ventura

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

Divorce can be emotionally and legally complex, and when it involves a military spouse, additional layers of challenges come into play. Understanding how military service affects the process is essential if you're facing a divorce from a military spouse in California. The help of a military spouse divorce lawyer in Ventura can result in a successful outcome.

How Military Service Affects Divorce

Jurisdiction and Residency Requirements

Military divorce cases often involve special laws and jurisdiction issues. Typically, a divorce can be filed in:

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

California law requires at least one spouse to have lived in the state for at least six months before filing for divorce. However, military personnel may receive residency exceptions.

Division of Military Pensions

One significant legal consideration is the division of military pensions. California can treat military retirement pay as marital property under the Uniformed Services Former Spouses' Protection Act (USFSPA). For example:

Pensions can be divided even if the marriage lasted less than 10 years, unlike other states that require a minimum duration.
Direct payments from the Defense Finance and Accounting Service (DFAS) are possible if the marriage lasted 10 years or more during military service.

Impact of Deployment

Deployments can delay divorce proceedings. The Service Members Civil Relief Act (SCRA) allows for postponements if a spouse is deployed. This protection ensures that service members can focus on their duties without the pressure of court proceedings.

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Special Steps for Divorce

Legal Assistance Resources

Military spouses have access to free legal assistance services on military bases, which can help with:

Understanding rights and entitlements
Guidance on filing and documentation
Reviewing legal documents related to the divorce

Child Custody and Relocation

Child custody can be problematic due to the transient nature of military life. Courts consider the best interest of the child, factoring in:

Stability and continuity in the child's schedule
Proximity to the non-custodial parent
Parental deployment or duty stations

Relocation requests post-divorce require careful legal consideration, and the defense of these requests should comply with state guidelines and military regulations.

Health Care and Benefits

After divorce, military spouses might lose their health care benefits unless they meet specific criteria under the 20/20/20 rule:

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

COBRA coverage or a civilian healthcare plan should be considered if not eligible.

Emotional and Community Support

Dealing with a divorce involves emotional as well as legal challenges. Engage with support networks and counseling services offered on military bases, which can provide:

Emotional support and counseling
Community connections and support groups
Financial planning and career transition assistance

Divorce For Military Spouses FAQ

Question: How is child support calculated?

Answer: California calculates child support based on both parents' incomes, custody arrangements, and the child's needs. Military allowances and benefits are included in this calculation.

Question: What happens to the base housing?

Answer: Military spouses may need to vacate base housing within 30 days post-divorce, though extensions may be granted under certain circumstances.

Question: Can I still use the commissary and exchange?

Answer: Access depends on the length of the marriage and service overlap. Typically, privilege ends post-divorce unless eligibility criteria are met.

Bamieh & De Smeth, PLC

If you are considering a divorce or are in the midst of proceedings, consulting with an attorney experienced in military divorces can make a significant difference. For personalized guidance through this process, contact Bamieh & De Smeth today. Our experienced team is here to help you every step of the way.

Call (805) 643-5555 to schedule a case review. Our military divorce attorneys in Ventura can answer your questions and discuss the path forward. We can also be reached online.