Military spouses know that everything is different when the armed forces are involved. Life operates differently for military service members and their spouses, including divorce. If you or somebody else needs a Westlake Village military divorce attorney, contact the Law Offices of Ronald K. Stitch for help today. We have vast resources available to handle every aspect of this process, and we understand how California law interacts with military divorce cases. We are ready to ensure you are protected every step of the way.
Filing for divorce, but in what state
Military couples can move from place to place regularly. This can lead to questions regarding where an army couple should file for divorce. Generally, the law allows a divorcing military couple to petition for divorce in the state where either spouse has a legal residence. Typically, the person filing for divorce will file in the state where they live.
Military couples will still have to deal with most of the same issues that any other divorcing couple deals with. This includes the following:
- The division of assets and debts
- Child custody arrangements
- Visitation for a non-custodial parent
- Child support payments
- Possible spousal support
Federal law governs the division of military pensions under the “Uniformed Services Spouses’ Protection Act” (USFSPA). This law states that “disposable retired pay” received as non-disability military retirement and earned during the marriage will be considered community property subject to division when the divorce occurs.
Another aspect of military divorces is the right of service members to use the Soldiers and Sailors Civil Relief Act in their military California divorce case. This law places various safeguards on behalf of the service number to prevent a default judgment from being rendered against them. It also allows the service member to stay (pause) their divorce proceedings if they are overseas.
Why is an attorney needed for a California military divorce case
Like a divorce involving civilians, divorces can be challenging when one or both spouses are in the military. Yes, in some cases, a divorce may be uncontested, but an attorney still needs to ensure that the spouse is treated fairly throughout the process.
For contested divorces, the only way to say it is that things can get ugly. Emotions run high, and those involved may not make the best decisions regarding their future in these situations. An attorney is a buffer and an advocate. They will protect their client by thoroughly preparing for the divorce and representing them in court.
Call our Westlake Village military divorce attorney today
Suppose you are considering going through a divorce and are a military spouse. In that case, you need to work with an attorney who deeply understands how California law intersects with the military concerning dissolving a marriage. At the Law Offices of Ronald K. Stitch, we have extensive experience handling complex family law issues, including military divorces. We want to make sure that you are protected throughout this entire process. Let us offer you a consultation of your case so we can determine the next steps moving forward for your situation. When you need a Westlake Village divorce attorney, you can contact us for a free consultation by clicking here or calling 818-707-0202.
