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Military divorces do not differ dramatically from civilian divorces. They will still have to contend with issues of residency requirements, property division, spousal support, child custody and child support, among other legalities. When one partner is on active duty in the military, however, there are some special exceptions made to accommodate his or her service.
An experienced San Bernardino divorce attorney from the Law Office of Michael R. Young can offer you the help you need to successfully deal with these specific issues. As a firm with over 40 years of collective experience, we have the knowledge and practical skills necessary to guide our clients through complex cases such as military divorce. In the past, we have obtained successful outcomes on behalf of our clients and continue to work for the best interests of the people we represent.
Schedule a free consultation with our family law firm by calling (909) 315-4588!
The Soldiers & Sailors Civil Relief Act (SSCRA)
The SSCRA gives active members some latitude when responding to a divorce summons. Whereas civilians must respond to a summons within the indicated time frame, a judge may allow servicemen and women who are on active duty to postpone the divorce proceedings until 60 days after returning. If the divorce is uncontested, the spouse on active duty may choose to sign a waiver affidavit and complete the divorce process.
Military Divorce & Residency Requirement
Another consideration particular to military divorce is the residency requirement. In order to obtain a divorce in California, either your spouse must meet the residency requirements for divorce or you must be stationed in California. Military benefits must also be addressed, as the non-military spouse will lose his or her shared retirement benefits if they were not married for at least 20 years, if the spouse in the military did not perform at least 20 years of service, or if there is not 20 years of overlap between the marriage and the military service. It is also important to review applicable military rules and regulations.
Call Our Experienced San Bernardino Divorce Lawyers
The Law Office of Michael R. Young has the knowledge and experience to handle the specific details of your military divorce. You can be confident that our San Bernardino divorce lawyers can adequately evaluate your case and carefully fight for your rights. We have been rated A+ by BBB, obtained a 10/10 “Superb” rating from Avvo, and hold an AV® rating from Martindale-Hubbell®. You can expect caring, compassionate representation from start to finish when you come to our firm.
Call (909) 315-4588 to discuss your case with our legal team. We offer free consultations!
- Thinking about filing for divorce
- Concerned about custody of your children
- Worried about the division of your property
What is a contested divorce
When spouses don’t agree on an issue, whether it involves child custody or spousal support, a divorce is considered contested. It is the most complicated type of divorce, as a couple will need to go through numerous steps to finalize their divorce. Since contested divorces often go to divorce court with a judge, having legal representation during the trial is crucial.
How is spousal support or alimony calculated
There are numerous factors considered when a judge is determining how much and how long alimony should be paid. Some of those factors include the earning capacity of each spouse, how long the marriage lasted, the standard of living during the marriage, each spouse’s health and age, marital debts and property, and the sacrifices each spouse made during the marriage (such as staying at home with the children so the other spouse could work).
Who pays child support and how is child support determined
The noncustodial parent will be responsible for child support if the court determines it is necessary or parents come to an agreement to be approved by the court. The factors used to determined child support include the income / earning capacity of each parent, the number of children shared, each parent’s expenses, child care expenses, and other related issues.
How is property divided
California is a community property state. That means each spouse is given 50% ownership of the property accumulated during the marriage. This can include homes, vehicles, art, checking accounts, retirement / pension funds, small businesses, and other valuables. Items, accounts, or valuables that were kept separate throughout the entire marriage may be considered separate property and are therefore not subject to property division laws.
How long does it take for a divorce to be final
This can depend on a number of factors, such as whether it is a contested or uncontested divorce. Even if a divorce is uncontested, there is a six-month waiting period in California for the judge to grant a divorce. Likewise, those seeking contested divorces must wait six months for a trial to be ordered. How quickly a divorce is finalized will also depend heavily on how easily spouses agree on matters such as child support, property division, alimony, child custody, and other important matters.
Why should I hire a family law and divorce attorney
Going through a divorce or family law dispute can be complicated, confusing, and emotional. Regardless of whether spouses or family members think they are on the same page, having an attorney who is looking out for the best interests of the client can be invaluable. When you hire an attorney, you can have peace of mind knowing your rights and interests will be protected throughout the process. It can also take a great burden off your shoulders during a volatile or emotionally challenging time.
With more than 40 years of combined experience, our divorce and family lawyers are compassionate, caring professionals.
e understand how challenging family law disputes can be, whether involving a heated child custody battle or a complex divorce. As a firm with an AV Preeminent® rating and a 10.0 Superb Avvo rating, we are committed to maintaining a standard of excellence in our representation. Why? Because we know that your family and your future is on the line. When you retain us, you are getting understanding, knowledgeable advocates on your side.
With over four decades of collective insight, we are well-versed on handling even the most complex family law issues in California, from grandparents’ rights to domestic violence and restraining orders. When you need a compassionate family law attorney that you can trust to have your best interests in mind every step of the way, turn to our firm.
Our legal team strives to secure a favorable resolution as quickly as possible—whether in or out of court. Call us now at (909) 315-4588 to schedule your free consult.
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