Military Divorce Lawyer

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Best Military Divorce Lawyer In Arcadia

Military Divorce Lawyer California

Divorce is never easy, and it can be even more challenging when one or both spouses are in the military. The unique circumstances and benefits associated with military service can add an extra layer of complexity to the already complex divorce process. That’s why it’s crucial to have a military divorce lawyer in Arcadia, California by your side, who has extensive knowledge and experience handling military divorce cases. With the proper legal representation, you can easily navigate the complexities of military divorce and ensure your rights are protected throughout the process. 

How Does A Military Divorce in California Work?

Generally, a military divorce can take a few months to several years to complete.
A skilled and leading military divorce lawyer in Arcadia can help streamline the process and resolve your case promptly. A military divorce lawyer can provide legal guidance, represent you in court, and help you negotiate a fair and equitable settlement agreement.

When looking for a top military divorce lawyer, find someone with a thorough understanding of military divorce laws and a track record of successfully handling these cases.

Factors Involved In A California Military Divorce

Military divorces in California differ from traditional family divorce cases. The important elements of a California military divorce include: 

  • Jurisdiction: California has jurisdiction over a military divorce if the service member is a resident of California, is stationed in California, or if the service member is a non-resident, but the spouse is a resident of California.
  • Spousal support: In California, the court considers a service member’s military pay and benefits when determining the amount of spousal support to be paid.
  • Health insurance: The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows a former spouse to continue receiving military health insurance benefits, known as TRICARE, after a divorce.

Remember that each military divorce is unique, and the specific differences may vary based on individual circumstances. It is recommended to seek the advice of a Arcadia military divorce attorney with experience handling these complex cases.

Rights and Benefits of Divorced Spouses in the Military

As a former spouse of a military member, you are entitled to a number of benefits, including: 

  • Military pension: Military retirement is often considered a marital asset and can be divided as part of the property division in a divorce.
  • Health insurance: The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows a former spouse to continue receiving military health insurance benefits, known as TRICARE, after a divorce.
  • Spousal support: The court may award spousal support to one spouse based on the length of the marriage, the earning potential of each spouse, and the standard of living established during the marriage.
  • Housing and Basic Allowance for Housing (BAH): In some cases, the court may award a portion of the service member’s housing allowance or Basic Allowance for Housing (BAH) to the non-military spouse.
  • Education benefits: The court may award a portion of the service member’s education benefits, such as the post-9/11 GI Bill, to the non-military spouse.

The 20/20/20 Rule in Military Marriages

The 20/20/20 rule refers to the eligibility criteria for a former spouse to receive full military benefits, including access to on-base commissaries and exchanges, medical care, and certain legal services. To be eligible for these benefits, the former spouse must meet all three criteria: 

  1. The service member must have been in the military for at least 20 years.
  2. The marriage must have lasted for at least 20 years.
  3. There must be at least a 20-year overlap between military service and marriage.

Child Custody & Support in a Military Divorce

In a military divorce in California, child custody and support are determined based on the child’s best interests. The court will consider various aspects, such as each parent’s ability to provide a stable and loving environment, the child’s relationships with each parent and siblings, and the child’s preferences if they are old enough to express them.

Child custody and support can be incredibly complex in a military divorce, as military service can result in frequent relocations and deployment. A divorce lawyer for the Arcadia military spouses can help you navigate these issues and ensure that your children’s rights are protected. If you are facing a military divorce and have children, consult a military divorce lawyer in CA with experience handling these cases.

We Specialize in Complex Military Divorce Cases

At Mohajer Law Firm, our lawyers for military divorces are experts in navigating martial family law’s complex and often stressful world. With extensive experience in handling military divorce cases, our lawyers understand the unique challenges faced by servicemembers and their families. So, if you’re facing a military divorce, don’t settle for just any law firm – choose Mohajer Law Firm and experience peace of mind from working with a team of true specialists. Call us today at (626) 569-5200 or fill out our contact form and have your case evaluated by our team of experts.

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Frequently Asked Questions (FAQs)

What is a military wife entitled to in a divorce in California?
In California, a military wife in a divorce is entitled to an equal division of community property and spousal support, if eligible.
What is the 10-10 rule in a military divorce?
The “10/10 rule” in military divorce refers to a provision in the Uniformed Services Former Spouses’ Protection Act (USFSPA) that allows a state court to divide a military pension as a marital asset and award a portion of it to the non-military spouse, if you were married to them for at least 10 years and during that time they performed creditable military service for 10 years.
How is alimony calculated in the military?

The calculation of alimony, also known as spousal support, in a military divorce can vary based on individual circumstances and state laws. Generally, the court will determine the earning capacity of each party, their age and work history, the duration of marriage and the contribution of each party to the marriage. 

Is it difficult to divorce military spouse?

Divorcing someone in the military can be more complex than a civilian divorce due to the unique circumstances and benefits associated with military service.

How is military divorce different in California?

Military divorce in California is similar to a civilian divorce in many ways, but there are some differences due to the unique circumstances and benefits associated with military service.

  • Jurisdiction
  • Division of military benefits
  • Spousal support
  • Health insurance