Divorce can be stressful on most married couples, but especially so for military couples. Understanding the complicated issues in a military divorce will allow you and your spouse to make better decisions and allow for a smoother end to your marriage. A military divorce can be quite different than a civilian divorce because it involves additional legal issues.
While it is imperative to hire an experienced Stockton divorce attorney who specifically deals with military divorces, below is an overview of some important legal issues involved in military divorces that you should be aware of.
What State Should I File Divorce?
The law generally allows for the filing of divorce in the state where either you or your spouse has a legal residence. In most cases, the spouse that initiates the divorce usually files in the state where they live. It is important to know 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). This Act expressly states that “disposable retired pay” received as non disability military retirement and earned during the marriage are considered community property subject to division on divorce.
As such, before you file for divorce, you should check to see how your state handles divorce proceedings and the division of military pension. California is considered a “community property” state. You must have resided in the state for 6 months before you can file for divorce.
Getting the Right Legal Guidance
Aside from a few different rules, the military divorce process is similar to a civilian divorce. You will need to agree on arrangements for the following:
- Division of marital property, including homes, vehicles, money
- Division of credit card bills, loans, and other debt
- Alimony, also known as spousal support
- Child custody
- Child support
Many of the forms you need to complete will also have the same information. In some states, you may file for a no-fault divorce if you and your spouse have no disputes. However, if you have differing opinions regarding any major issues, such as child custody or asset division, you need to hire an experienced Central Valley divorce attorney to help guide and advise you.
Call an Experienced Central Valley Divorce Attorney
If you are in the process of getting a divorce or plan on initiating one, 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 complete our online form.