Los Angeles Military Divorce Lawyer

Experienced Military Divorce Attorney Serving Los Angeles County, CA

There are certain issues in a divorce that are specific to active and retired military, and you will need a skilled Los Angeles divorce attorney's help to straighten out these issues:

• Child Support: The child support for a military member can constitute a large portion of the military pay. Child support is designed to benefit the child, not the custodial parent. Therefore, child support should not be disguised as a form of maintenance.
• Spousal Support and Alimony: The spouse of a military member can request a significant spousal support payment above and beyond the child support payment. The payments can represent a significant portion of the service member's military or retirement pay and may last for years, depending on the circumstances.
• Military Retirement: The military retirement benefit is often the largest asset of a divorce. Any division of the military retirement depends on a great deal of factors, including other assets of the marriage and the date of separation. Contrary to common perception, the military spouse is not automatically entitled to any portion of the military retirement regardless of the duration of the marriage.
• Military Disability: Military service members are often rated for a medical disability before they leave the military. As time passes, the disability rating for a military member often increases. Because the disability portion of the retirement cannot directly be divided by the military, the disability can have a profound effect on the payments, if any, made to the spouse after the divorce.

To speak with our experienced Los Angeles military divorce lawyers, call us at (310) 817-6904 or contact us online for a free consultation today. 

How Does Deployment Affect the Divorce Process in a Military Divorce?

Deployment introduces unique challenges in the military divorce process, often complicating proceedings and extending timelines. For military families, deployment can exacerbate existing marital tensions, sometimes contributing to the decision to divorce. Understanding how deployment impacts the divorce process is essential for military spouses and their legal representatives.

One significant effect of deployment on military divorces is the difficulty in communication. When a service member is deployed, especially in remote or hostile regions, maintaining regular contact can be challenging. This can slow down the divorce proceedings, as timely communication between parties and their attorneys is crucial. Additionally, obtaining necessary documentation and signatures may be delayed, prolonging the process further.

Another crucial aspect to consider is the Servicemembers Civil Relief Act (SCRA). The SCRA provides certain legal protections for active-duty military members, including the ability to request a stay or postponement of civil court proceedings, such as divorce, if their military duties prevent them from participating. This means that if a service member is deployed, they can request a temporary halt to the divorce process until they are available to attend court hearings and other legal obligations. This protection aims to ensure that service members are not disadvantaged in legal proceedings due to their service commitments.

Deployment also complicates the division of military benefits. Military pensions, healthcare benefits, and housing allowances are all factors that need to be carefully evaluated and divided during a military divorce. The timing of deployment can affect the calculation and distribution of these benefits, as well as the overall financial settlement. Legal representation with specific experience in military divorces is crucial to navigate these complexities effectively.

Furthermore, deployment can impact the emotional and psychological well-being of both spouses, influencing their ability to make rational decisions during the divorce process. The stress and uncertainty associated with deployment can lead to heightened emotions, potentially resulting in contentious disputes. It is essential for both parties to seek legal and emotional support to manage the stressors associated with deployment and divorce.

When deployment overlaps with proceedings in Los Angeles County family courts, it becomes even more important to understand local procedures and filing requirements. A military divorce attorney Los Angeles families trust can coordinate around court calendars at locations such as the Stanley Mosk Courthouse and help ensure that service obligations and court deadlines are balanced in a way that protects your rights.

Can Custody Arrangements be Modified if a Service Member Relocates?

Yes, custody arrangements can be modified if a service member relocates, but the process requires careful consideration of the best interests of the child and the unique circumstances of military life. Relocation due to military orders is a common occurrence, and the courts recognize the need to accommodate these changes while prioritizing the child's stability and well-being.

When a service member relocates, the existing custody arrangement may no longer be feasible. The parent remaining in the original location or the service member may petition the court for a modification of the custody agreement. Courts generally evaluate the request based on factors such as the reason for relocation, the distance of the move, the impact on the child's relationship with both parents, and the ability to maintain consistent and meaningful contact with both parents.

In California, like in many states, courts strive to ensure that both parents continue to have a meaningful relationship with their child, even when one parent relocates. The court may modify the custody arrangement to reflect a new visitation schedule, possibly including longer visits during school breaks and holidays to compensate for the reduced regular contact. Additionally, the court may order virtual visitation, allowing the child to maintain regular communication with the relocated parent through video calls and other electronic means.

It's also important to note that military-specific considerations, such as the potential for future deployments and frequent relocations, play a role in custody decisions. The courts aim to create a custody plan that remains flexible and adaptable to the unpredictable nature of military service. This might include provisions for temporary custody changes during deployment and a clear plan for re-establishing the original custody arrangement once the service member returns.

In practice, these relocation and custody issues often intersect with other parts of a military divorce, such as child support adjustments, travel arrangements, and school enrollment decisions in California or another state. A military divorce lawyer who understands how judges in Los Angeles County typically view relocation requests can help you prepare realistic proposals and gather the documentation you need to support your position.

Jurisdiction, Filing, and California Military Divorce Laws

One of the most confusing parts of ending a marriage when one spouse is in the military is figuring out where to file and which state’s laws apply. Because service members may be stationed at bases in different states or even overseas, questions often arise about whether to file in Los Angeles County, in the service member’s home of record, or in the state where they are currently stationed. The choice of forum can affect issues like property division, support, and the timeline of the case, so it is important to get clear advice before starting the process.

California allows military families to file for divorce in its courts when certain residency or stationing requirements are met, and Los Angeles County family courts regularly hear cases involving active-duty and retired service members. A military divorce lawyer Los Angeles residents work with can help you determine if filing in California is appropriate, explain how California’s community property rules interact with military pay and pensions, and outline what to expect procedurally at local courthouses. Understanding these jurisdiction and filing rules at the outset can prevent delays, reduce stress, and help you move forward with a plan that fits your family’s circumstances.

Protecting Your Rights in a Los Angeles Military Divorce

Divorce can be a complex and emotionally challenging process, especially when one or both spouses are service members. At Claery & Hammond, LLP, our experienced Los Angeles military divorce attorneys are dedicated to protecting your rights and ensuring a fair resolution to your case.

When you work with our firm in a military divorce, we can assist with issues such as:

• Division of military benefits: Evaluating retirement pay, Thrift Savings Plans, and other benefits and determining how they should be addressed under California’s community property framework.
• Child custody and visitation during deployment: Creating parenting plans that take into account deployments, training schedules, and the need for temporary modifications while preserving the parent–child relationship.
• Relocation and custody modifications: Addressing moves required by Permanent Change of Station orders and presenting modification requests that focus on the child’s best interests.
• Spousal support and alimony: Assessing incomes, earning capacities, and service-related factors to advocate for a fair level and duration of support.

Our team understands the intricacies of military divorce and will work tirelessly to achieve the best possible outcome for you and your family. Whether you are a service member or the spouse of a service member, we are here to provide the guidance and support you need during this difficult time.

Contact Claery & Hammond, LLP today to schedule a consultation with a knowledgeable military divorce attorney who will prioritize your needs and protect your interests.

Because military divorce often involves federal benefits being applied through state court orders, it is important to work with counsel who is familiar with how California family law interacts with military regulations. In Los Angeles, your case may be heard in one of several family law courthouses, and having a military divorce lawyer Los Angeles service members can turn to means you have someone who knows local judges' expectations, filing practices, and how to coordinate around duty schedules and base requirements.

Help for Military Divorce in Los Angeles

When one or both parties involved in a divorce are active or retired members of the military, certain issues may arise that will have to be carefully handled. When a person seeking divorce is still on active duty, the situation will need to be handled with sensitivity. In cases where a person involved in a divorce is a retired military member, certain issues regarding retirement and disability will need to be addressed.

At Claery & Hammond, LLP our divorce lawyers are fully qualified to handle complex family matters such as military divorces, and they will handle your situation appropriately. Military divorces can be more complex than civilian divorces because of the issues that must be addressed during the divorce process. The attorneys at our firm know exactly how to handle your military divorce and can protect your rights and your future by appropriately handling any issues that may arise.

If you would like to learn more about filing for military divorce in Los Angeles, contact us today at (310) 817-6904. We also offer a free online case evaluation, which could help you better understand your options.