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What you need to know about military divorce

On Behalf of Cullen Family Law Group | Apr 6, 2017 | Military Divorce |

As a service member thinking about divorce, it is important to realize that there are certain laws that apply to you that do not apply to civilians. This does mean that your divorce will be more complicated, it simply means that there are some different matters you will have to address. One of the first things you should do is to hire an attorney in the Riverside area that has experience with military divorces.

Some of the issues you might encounter include residency requirements, compliance and even your spouse’s rights to your pension. Read further for an overview of what you can expect during your divorce proceedings.

State and federal laws

Unlike civilian divorces that are regulated by state laws, your divorce is subject to both state and federal laws. The federal laws will affect things like where you file your petition and how the court will divide your retirement fund. The state laws will dictate things like spousal support.

The Servicemembers Civil Relief Act provides you certain protections in case your spouse attempts to file a petition for divorce while you are on active duty. The Act suspends proceedings for the time you are active and for the 60 days after.

Authority

In order to preside over a military divorce, a court has to have the authority to do so. Sometimes, the court where you legally reside has jurisdiction even if you are stationed in another location. However, in most cases you can file for divorce in the same state in which you are stationed. In addition, if your spouse lives elsewhere, she can file in that jurisdiction as well.

Effects on your pension

Just like your other marital assets, your military pension is subject to property division laws. Once the decree is in place and your ex-wife begins receiving her share of the pension, the payments will come from the Defense Finance and Accounting Service. The division is reliant on whether or not your marriage lasted at least ten years and if that time period overlapped with 10 years of your service.

Support

When it comes to child support and alimony, the military has particular rules in place. In order to enforce support, a judge might issue a court order or garnish your wages. The military is very strict in ensuring service members properly provide for their families following divorce.

If you are in the military and considering divorce, it is important to remember that divorce requirement are different for service members.

Source: Nov. 30, -0001

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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