Kings County Military Divorce Lawyer

Kings County Military Divorce Attorney

Marriages are started with the intent of lasting a lifetime. No one enters into a marriage thinking it will end. However, for some couples, divorce is a reality and often filled with many complications. For military couples, the divorce process can be even more complicated. With the help of a Kings County military divorce lawyer, you can navigate your military divorce while working towards your desired settlement.

At Carlos Navarrete Law Firm, our team has the knowledge and experience you need to work through this difficult process. You will likely have many questions about all aspects of family law and divorce, including asset division, spousal support, and child support and custody if you share children. No matter where in the divorce process you are, our lawyers can help negotiate and mitigate the necessary conversations on your behalf.

Military Divorce Challenges

The act of divorce is the same for everyone: ending a marriage between two living spouses. However, military divorces offer a unique set of challenges that must be taken into consideration as well. Some of the challenges facing military couples include:

• Servicemembers Civil Relief Act. Divorce proceedings could be impacted by the SCRA if the service member is unable to attend administrative proceedings due to duty, the process could be delayed. This act can also protect service members from punishment if they fail to appear.
• The Uniformed Services Former Spouse Protection Act. This act protects the former spouses of servicemembers so long as certain criteria are met. Under this act, a divorced spouse who remains unmarried after the divorce and meets the qualifications can still receive certain benefits that are reserved for military families.

The qualifications for these statutes fall into one of three categories:

• 20/20/20 rule. If a servicemember has 20 years of service, the marriage has lasted a minimum of 20 years, and there are at least 20 years in which both of those overlap, the ex-spouse will qualify for full benefits.
• 20/20/15 rule. If the couple was married for 20 years, the service member was active for at least 20 years, and there were at least 15 years of both overlapping, then the ex-spouse will qualify for medical benefits for up to one year.
• 20/20/10 rule. If the marriage lasts a minimum of 20 years, the service member is on active military duty for a minimum of 20 years, and there is at least a ten-year overlap of the two, then an ex-spouse who has been subjected to domestic violence may qualify for full military and installation benefits.

In addition to these unique statutes, military benefits may also be impacted by divorce. These include:

• Installation housing. If the servicemember or other family members move from military-provided housing because of the divorce, they will lose all access to housing within 30 days of the divorce.
• Costs of moving. If the divorcing couple is stationed overseas, the military may pay for the costs of moving back to the States. If the divorcing couple is within the United States, moving expenses may become part of the divorce settlement.
• TRICARE is the military’s health insurance provider. In the event of a divorce, a non-service member may purchase up to 36 months of health benefits.
• Spousal and child support. Service members are required to provide support for their spouse in the event of a divorce. However, this support is temporary. For long-term spousal support, a court order must be issued outlining the terms of the support. However, in some cases, that order can be directed to the Defense Finance and Accounting Service, which can assist in paying for these supports.

These are just a few of the ways in which a military divorce can be more complicated than a civilian divorce. However, there are many other considerations that must be taken into account. Speaking with an experienced attorney in Kings County, California, can help you understand the specific circumstances of your military divorce and what you may expect in the process.

FAQs

Q: How Do I Prepare for a Military Divorce?

A: The first step in a military divorce is to hire a lawyer who can help you navigate and guide you through the process. Next, ensure that the divorce is filed in the correct state of residence. Then, become familiar with the rights that are afforded to you both during the process and after. Your attorney will help you prepare and represent you throughout the proceedings.

Q: How Is Military Divorce Different?

A: Military divorces differ from civilian divorces in many ways. One of the greatest differences is that the process is governed by the Uniformed Services Former Spouses Protection Act. Under this act, divisions of assets, including debts, support, and pensions, are appropriately distributed. Under this act, service members have an obligation to ensure their former spouse is supported either temporarily or through a more permanent court order.

Q: Are Lawyers Needed for Divorce in CA?

A: Utilizing a lawyer during your California divorce is always recommended. Some individuals may choose to approach their divorce without the help of an attorney in the hopes of saving money. However, there are many aspects of the process that could be overlooked. In addition, your attorney can help ensure decisions are made in your interests and based on fact, helping to prevent heated arguments that are derived from emotions.

Q: How Do I File for a Divorce in the CA Military?

A: Filing for divorce in the California military starts by filing a petition for divorce where the servicemember is stationed. This can also be done in the state where the spouses currently reside. To file for divorce as a military family, you must reside in the state where the filing happens, or you must be stationed there. Once the petition is filed, then you will be able to navigate the next steps of the divorce process with help from your attorney.

Kings County Military Divorce Lawyer

Marriages are difficult, particularly those involving military service members. When struggles persist, and divorce is imminent, it is important that you have the representation you deserve to help navigate the military divorce process. Contact Carlos Navarrete Law Firm today and get the help that you deserve. Our team will put their knowledge and experience to work for you to ensure your divorce settlement is equitable and you receive what you are entitled to.