Divorce is a complicated and emotional process for anyone, but military divorces come with an added layer of complexity. From dividing military benefits to navigating deployments and child custody, military families face unique challenges when it comes to ending a marriage. If you or your spouse is an active-duty service member or veteran, having a skilled military divorce attorney in Etiwanda CA by your side is essential for protecting your rights. Keep reading to learn how we can help!
What Makes Military Divorces Unique?
Military divorces are governed by both California family law and federal statutes. This affects various aspects of the divorce process, including child custody, spousal support, and the division of assets. Additionally, service members are protected by the Servicemembers Civil Relief Act (SCRA), which can delay divorce proceedings during active duty to ensure they have adequate time to respond. Understanding and addressing these unique considerations requires expertise in both state and federal laws. A military divorce attorney in Etiwanda CA like Kendall Gkikas & Mitchell, LLP can help you navigate these complexities while advocating for your best interests.
Dividing Military Benefits
The division of military benefits like retirement pay, pensions, and healthcare can be complicated. Federal law governs how military retirement benefits can be divided, and the Uniformed Services Former Spouses’ Protection Act (USFSPA) sets specific guidelines for this process. For example, the “10/10 rule” determines whether there will be direct payments of retirement benefits to the former spouse. Understanding how these rules apply to your situation is crucial for ensuring a fair distribution of assets. An experienced military divorce attorney in Etiwanda CA can help you navigate these regulations and protect your financial interests.
Child Custody and Visitation for Military Families
Child custody is another challenging issue in military divorces. This is because active-duty service members can face deployments or frequent relocations. Courts prioritize the best interests of the child, which often requires creating a parenting plan that accommodates the unique demands of military life. Whether you’re a service member or the civilian spouse, a military divorce attorney in Etiwanda CA can help you develop a custody agreement that works for your family while advocating for your parental rights.
Support for Spousal and Child Support Orders
Spousal and child support are calculated based on California guidelines, but military divorces include additional considerations, like allowances and benefits that are part of a service member’s income. These factors can affect the amount of support ordered by the court. A skilled military divorce attorney in Etiwanda CA ensures that support calculations are accurate and fair, reflecting the financial realities of both parties.
Contact Kendall Gkikas & Mitchell, LLP for Help with Your Military Divorce in Etiwanda CA
Military divorces involve unique legal challenges that require special knowledge and experience. If you’re facing a military divorce in Etiwanda CA, Kendall Gkikas & Mitchell, LLP is here to help. Our skilled attorneys understand the complexities of military divorces and are dedicated to guiding you through every step of the process. Call us today at 909-482-1422 to schedule a consultation and discuss your case.
