Military divorces involve unique challenges that set them apart from civilian divorces. From dividing military benefits to navigating child custody for active-duty service members, the legal process can feel overwhelming. Whether you’re a service member or the spouse of one, working with an experienced military divorce attorney in Fontana CA, like Kendall Gkikas & Mitchell, LLP, can make all the difference during the complicated process. Keep reading to learn more!
Understanding the Challenges of Military Divorce
Military divorces are subject to both California family law and federal regulations, which can make the process even more convoluted. The Servicemembers Civil Relief Act (SCRA) protects active-duty service members from default judgments, allowing them to delay divorce proceedings if their military duties prevent them from participating. Additionally, issues like deployment and frequent relocations can complicate matters such as child custody and support.
A skilled military divorce attorney in Fontana CA can help you navigate these complexities while ensuring your rights are protected.
Dividing Military Benefits
Military benefits, including pensions, retirement pay, and healthcare, are among the most significant assets to address in a military divorce. Federal law, under the Uniformed Services Former Spouses’ Protection Act (USFSPA), governs the division of military retirement benefits. For example, the “10/10 rule” determines whether spouses can obtain part of your retirement benefits. A knowledgeable attorney can help ensure that military benefits are divided fairly while protecting your financial interests. They can also clarify how benefits like the Survivor Benefit Plan (SBP) and TRICARE eligibility may be impacted by divorce.
Child Custody and Visitation for Military Families
Child custody cases in military divorces can be even more complicated for active-duty service members. Deployment and frequent relocations can make traditional custody arrangements difficult to maintain. California courts prioritize the child’s best interests, which may require creating flexible parenting plans that accommodate the realities of military life. A military divorce attorney in Fontana CA can advocate for a custody agreement that protects your parental rights while ensuring the child’s needs are met. They can also assist with modifications to custody orders if circumstances change due to military obligations.
Spousal and Child Support Considerations
Spousal and child support calculations in military divorces must account for the service member’s income, including basic pay, allowances, and other benefits. Ensuring these calculations are accurate and fair requires a detailed understanding of military compensation.
An experienced military divorce attorney in Fontana CA can help establish, modify, or enforce support orders, ensuring they align with California law and your financial circumstances.
Contact Kendall Gkikas & Mitchell, LLP for Help with Your Military Divorce in Fontana CA
Military divorces require special knowledge and experience to address their unique complexities. If you’re facing a military divorce in Fontana CA, Kendall Gkikas & Mitchell, LLP is here to help. From navigating jurisdiction issues to dividing military benefits and resolving custody disputes, we have 31 years of experience and will work tirelessly to protect your rights and achieve a fair outcome. Call us today at 909-482-1422 to schedule a consultation and discuss your case.
