Posted by Gurjit Srai In Military Divorce September 19, 2018 0 Comment

Divorce proceedings can get very confusing and complicated for military couples. Understanding the issues involved in a military divorce can allow you to make better decisions and allow for fairer outcomes. Military divorces are generally different than civilian divorces because they involve additional legal issues. It is best to hire an experienced military divorce attorney in Central Valley to make sure your legal rights are protected and you clearly understand the complicated issues involved.

Where to File a Military Divorce

The law requires that a divorce should be filed in the state where either spouse has legal residence. The spouse who initiates the divorce generally files in the state where he or she lives. It is important to understand how the state handles the division of military pensions. The federal law governing the division of military pensions is the “Uniformed Services Spouses’ Protection Act” (USFSPA).

Rules to Knows in Military Divorces

Although it is best to consult with and hire an experienced military divorce attorney, having basic knowledge of important rules impacting a military divorce is important. Below are some important rules you should be aware of if you or your spouse is military personnel and are pursuing divorce:

  • 20/20/20 Rule. This rule allows former spouses of military service personnel to receive full military benefits (including medical benefits). The rule also entitles them to installation benefits if they were married for at least 20 years, the service member had at least 20 years of credible military service, and there was a minimum 20 year overlap between the marriage and military service.
  • 20/20/15 Rule. This rule allows former spouses of military persons to receive transitional military medical benefits for one year if they were married for a minimum of 20 years, the service spouse had a minimum of 20 years of service, and there was at least a 15 year overlap between the marriage and the military service.
  • 20/20/10 Rule. This rule allows under special circumstances for former spouses of military persons to receive transitional military medical benefits for one year if they were married for a minimum of 20 years, the service spouse had a minimum of 20 years of service, and there was at least a 10 year overlap between the marriage and the military service.

These are only some of the specific rules that apply to military divorces. A Central Valley military divorce attorney, who understands the legalities of a military divorce in California and the legal rights of military service members and their spouses, can provide you with more information geared towards your specific divorce proceeding.

Call an Experienced Central Valley Divorce Attorney

If you are going through a divorce or planning to file for divorce, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a Central Valley divorce attorney, please call Gurjit Srai (209) 323-5558 or (559) 449-1447, or complete our online form.

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