Divorce is never an easy process, but military divorces often come with unique challenges that make the legal process even more complex. Issues such as jurisdiction, military benefits, and custody arrangements for active-duty service members can be difficult to navigate without professional guidance. If you or your spouse is a member of the military and you’re considering divorce, a skilled family law attorney in Riverside CA, like Kendall Gkikas & Mitchell, LLP, can provide the support and expertise you need.
Understanding the Challenges of a Military Divorce
Military divorces involve legal considerations that civilian divorces do not. For instance, the Servicemembers Civil Relief Act (SCRA) provides protections to active-duty military members, such as delaying divorce proceedings if their service obligations prevent them from participating. Additionally, military retirement benefits are subject to specific rules under the Uniformed Services Former Spouses’ Protection Act (USFSPA). Navigating these unique aspects of a military divorce requires in-depth knowledge of both California family law and federal statutes, which is why having an experienced family law attorney is essential.
Division of Military Benefits
One of the most significant aspects of a military divorce is dividing military benefits, including retirement pay, pensions, and healthcare. Unlike civilian retirement accounts, military retirement benefits are subject to federal regulations, which determine how they can be divided between spouses. In many cases, the 10/10 rule applies, meaning the former spouse may only receive direct payment from the Defense Finance and Accounting Service (DFAS) if the marriage lasted at least 10 years, with 10 years overlapping military service. A family law attorney in Riverside CA can help you understand your rights regarding military benefits and ensure they are divided fairly as part of your divorce settlement.
Child Custody and Visitation for Military Families
Child custody arrangements can be particularly challenging in military divorces, especially for active-duty service members who may face deployment or frequent relocations. Courts in California prioritize the best interests of the child, but determining custody and visitation schedules that accommodate military duties often requires creative solutions. A knowledgeable family law attorney in Riverside CA can help you craft a parenting plan that reflects the needs of your family and your parental rights.
Spousal and Child Support Considerations
California law governs spousal and child support calculations, but military divorces add additional considerations. For instance, a service member’s income may include basic pay, allowances, and other benefits that factor into support calculations. An experienced family law attorney can ensure that all relevant income is accounted for and that support orders are fair and appropriate for both parties.
Contact Kendall Gkikas & Mitchell, LLP for Help with Your Military Divorce in Riverside CA
Military divorces involve unique legal complexities that require specialized knowledge and experience. If you’re facing a military divorce in Riverside CA, Kendall Gkikas & Mitchell, LLP is here to help. Our skilled family law attorneys understand the challenges military families face and are committed to protecting your rights and interests. From dividing military benefits to establishing custody arrangements, we’ll guide you through every step of the process. Call us today at 909-482-1422 to schedule a consultation and discuss your case.
