For civilian marriages, the chances of a
divorce are about 50 percent for a first marriage, but for military marriages,
the divorce rate is said to be even higher. Why are service members at
such a high risk of divorce? Much of it has to do with the extended periods
apart. When spouses are apart for months at a time, they are at a higher
risk of “disconnecting,” but another issue is the increased
chance of infidelity on either spouse’s part. It’s sad, but
adultery is a real threat that haunts military marriages.
No matter how you look at it, divorce is unpleasant. It can draw out intense
feelings, such as grief, anger, jealousy, and resentment. On top of that,
there are so many emotional, financial, and legal issues that have to
be faced for the divorce to be finalized.
If you’re on the road to divorce, you can ease the heartache, stress,
and costs of your divorce by educating yourself on California’s
divorce laws, on how
military divorces are treated differently in some aspects, and by talking with a divorce
attorney who handles military divorces.
Seeking Advice on Military Divorce
When it comes to understanding the legal side of your military divorce,
a good first step is to contact our Los Angeles divorce firm and schedule
a free consultation with one of our divorce lawyers. You may be wondering:
“Are military divorces different than civilian divorces?”
California state laws will govern your military divorce, however, there
are certain military regulations and federal laws that will apply to your
divorce. A lawyer from our firm can assist you with the following issues:
Do Service Members Have Special Rights?
If you’re a service member, you may have concerns about deployment,
responding to your spouse’s divorce petition, being able to attend
court dates, child custody, dividing military retirement, etc. For starters, the
Servicemembers Civil Relief Act protects servicemembers’ legal rights in a divorce when they are
serving on active duty.
In a traditional divorce, a spouse will file for divorce and the divorce
papers will be served upon the other spouse, and he or she will have a
certain time limit to “respond” to the divorce. However, that’s
not always feasible for service members who are overseas while they are
on active duty. Under the Act:
- If the service member is unable to attend a court proceeding because they
are on active duty, the administrative proceeding can be postponed.
- Service members have legal protections against “default divorces”
because of their failure to respond to the divorce. Service members can
also be protected from the consequences of failing to appear because they
Our attorneys handle both civilian and military divorces in Los Angeles
and the surrounding areas, including San Diego. We are available for a
free consultation to help you better understand the legal implications
of a military divorce.
Military Divorces As Civil Matters
While there are certain legal protections afforded to service members,
it’s important to note that for the most part, the military believes
that divorces are private, civil matters that are handled in the civilian
courts, not the military courts. Whether you are the service member, or
you’re married to a service member, you will both need separate
attorneys to advise you and ensure you both receive the independent and
confidential advice needed.
As both military and civilian divorce attorneys, we can provide you with
advice on a wide range of legal issues pertaining to your divorce, including
child custody, child support, deployment, retirement benefits, dividing
marital property and debts, and the Uniformed Services Former Spouse Protection Act.
Uniformed Services Former Spouse Protection Act
The Uniformed Services Former Spouse Protection Act is a federal law that
was enacted by Congress in 1982. Under the Act, certain former spouses
of servicemembers have some financial protections. For example, it allows
military disposable pay to be divided in the event of a divorce.
Through a court order, some former spouses can be awarded a portion of
military retired by, directly from the servicemember or through direct
payment from the Defense Finance and Accounting Service (DFAS). The Act
also lets certain former spouses of members receive medical care among
Does It Matter Where I File?
In the civilian world, spouses file for divorce in the state of residence,
meaning in the state and county where they live. But for those in the
military, it’s common for couples to move around a lot. They may
be married in one state, move to a second state, and then move to a third
and fourth state.
Further complicating their divorce, the couple may have recently moved
to a state, but they haven’t lived there long enough to establish
residency and file for divorce. So, what state does a military couple
file for divorce in, and does it matter which state they file in?
The divorce laws vary from state-to-state, so it definitely does matter
where you file for divorce. For example, in New York, parents pay child
support until their children turn 21, but in California, parents generally
pay child support until their children turn 18.
In some states, adultery is highly frowned upon and if a dependent spouse
cheated, he or she may be barred from collecting alimony or spousal support.
However, California is a no-fault divorce state, so infidelity will not
impact spousal support. Meaning, a spouse cannot be denied spousal support
in California if they committed adultery. So, what state you file a divorce
in can have a huge impact on your divorce case.
You Can Have a Great Divorce, Here’s How
To discuss your military divorce with a Los Angeles divorce attorney from
our firm for free,
contact Claery & Hammond, LLP today.