Tulare Military Divorce Lawyer

Tulare Military Divorce Attorney

Divorce isn’t easy. Unfortunately, the legal process to file for divorce can also be both complicated and difficult to navigate. When a military couple divorces, there are additional unique challenges due to laws military divorce that vary slightly from the state’s civilian divorce laws. For this reason, it is crucial to work with a Tulare military divorce lawyer who can guide you and help you understand your rights.

Military Divorce Lawyer in Tulare, CA

While many aspects of divorce proceedings remain the same for military spouses as civilians, several key areas require unique attention and consideration. If you or your spouse are considering a divorce in California, you need a local lawyer with extensive experience.

The Carlos Navarrete Law Firm holds over 23 years of collective experience in divorce law and is ready to help you through the next steps to ensure divorce proceedings go as smoothly as possible.

Military Divorce Law in California

It’s important to be familiar with the legal process for military divorces and how they align with and differ from civilian California divorce law. Military divorce law follows a basic six-step process:

• Residency requirements. To be eligible to file for divorce in California, at least one spouse must have been a resident of California for six months and must have lived in the same county for three months prior to filing. If the military spouse is stationed in California, this satisfies the residency component.
• Servicemembers Civil Relief Act (SCRA). This congressional act protects military members from divorce proceedings during active duty or deployment. The act also allows courts to delay legal actions for the duration of an active-duty assignment to avoid default judgment and keep proceedings fair for both parties.
• Military benefits division. In addition to the standard division of assets and debts that takes place in civilian divorces, military spouses must navigate the division of military benefits.
  • The Uniformed Services Former Spouses’ Protection Act allows California courts to treat military retirement pay as shared marital property. For the non-military spouse to receive this money, the marriage must have lasted 10 years and overlapped with 10 years of military service (10-10 rule).
  • Divorce may also impact the non-military spouse’s eligibility to receive benefits under the Survivor Benefit Plan and TRICARE health benefits, depending on the length of the marriage and military service.
• Child custody arrangements. For a military divorce, military obligations must be considered in determining the best interests of the child. Since deployments and relocations can complicate arrangements, this phase of divorce proceedings can be particularly daunting. The courts will ultimately make the final decision based on the needs and best interest of the child.
• Child and spousal support. Child support obligations cannot exceed 60% of the military member’s personal pay, according to federal law. Similarly, spousal support is a legal obligation in which one spouse must make payments to the other to supplement income lost as a result of the divorce.
  The courts consider several factors, such as each party’s income, the length of the marriage, marital contributions, and the stress and impact of military life when determining the necessity of spousal support payments.
• Finalizing the divorce. Once you have completed all steps and submitted the final forms, the courts will determine the end date of your marriage. You must then notify the military of its finalization.

The Role of a Military Divorce Attorney

When you’re facing a divorce in Tulare, it can feel like your world is upside down. The right family law attorney can help carry the burden and ease the stress of handling the legal processes. The Tulare military divorce lawyer at Carlos Navarrete Law Firm will clearly present your rights and take into account your goals for a fair divorce settlement.

California divorce law is ever-changing, so it can be difficult to keep up with new laws and regulations. We will make sure you have a full understanding of current military divorce law so you can focus on your military duties, your family, and moving forward.

FAQs About Tulare, CA Military Divorce Laws

What Is the 10-10 Rule for Military Divorce?

The “10-10 rule” allows the military spouse to receive part of the servicemember’s military retirement pay. To be eligible, the couple must have been married for 10 years that overlaps with 10 years of military service. For couples who meet the requirements for this rule, a court order must specifically divide the military retirement pay.

This process allows for direct payment to the spouse through the retirement account rather than waiting to receive payment from the military spouse.

Can the Military Help You Get a Divorce?

Military legal assistance offices can provide some resources to servicemembers and their spouses, including limited legal advice and help filing paperwork. However, the military itself does not handle divorce proceedings, as it is governed by state law, and the assistance offices cannot represent you in court. To ensure all aspects of your case are properly addressed, it is advisable to consult a civilian family law attorney with experience in military divorce cases.

How Do I File for Divorce in California as a Military Member?

For military members to file for divorce in California, you must first meet the state residency requirements. Then, you can fill out divorce paperwork through the county clerk. Once the paperwork is served to the other spouse, you can begin negotiations to divide assets and determine parental responsibilities. The Tulare military divorce lawyer at Carlos Navarrete Law Firm can direct you through this process and keep you informed of your rights and of all applicable California military divorce laws.

How Much Are Attorney Fees for Divorce in California?

Typical divorce attorney fees in California can range substantially, depending on the details of your case, such as whether the divorce is contested, and your attorney’s experience. In certain circumstances, such as when one spouse makes significantly more money than the other, the court may demand that the higher-earning spouse pay both attorney fees. For a more accurate estimate, consult with an attorney directly regarding their specific fees as it relates to your case.

Get in Touch With a Tulare Military Divorce Lawyer

Contact our trusted Tulare military divorce lawyer at Carlos Navarrete Law Firm today to discuss the legal proceedings surrounding your divorce case. We work hard to help you understand your rights and how you can prepare for the process. Let us guide you and advocate for your rights throughout the legal process.