How Are Military Divorces in Long Beach Different?
Multiple deployments and military life are tough on active-duty servicemembers. With the addition of a divorce, complications increase.
Divorces can be an emotionally fraught experience involving legal and financial complexities. However, these complexities multiply when an active-duty servicemember’s divorce enters the fray. Military personnel involved in custody battles, contested divorces, and other family law matters must navigate a complex web of military law, local laws, and state law. For example, they must comply with different procedures for military rules, special provisions for the division of military pensions,and residency requirements. Also, due to deployment in a different region, military spouses are often separated, resulting in different parenting priorities and division of property in Long Beach.
For all these reasons and more, it is important that you seek the counsel of an experienced military divorce attorney in Long Beach. Our team at The Law Office of Cathy Iles has 31 years of experience guiding military spouses towards a successful and speedy divorce. We have the background, knowledge, and resources to not only make a positive difference in your case, but also protect your rights, interests, family and future. Our military divorce attorney draws from their experience in family military law to resolve all high-stakes cases to success. Call us now or schedule a consultation to get started.
Where Should A Military Divorce Be Filed?
In a regular civilian divorce, filing is usually done in the county where one of the spouses has resided. However, military divorces mandate different requirements for filing of a divorce as active-duty servicemembers may be stationed outside of the state of domicile.
Serving Military Divorce in Long Beach, California
Despite the simplification of military divorce procedures by federal and state legislation, active duty servicemembers must still be personally served with a summons for a California court to establish jurisdiction over their divorce.
The Servicemembers Civil Relief Act (SCRA) provides federal protections to active-duty military members against civil court proceedings. A divorce proceeding is a civil court proceeding which can be initiated against an active-duty servicemember through an official summons. However, the SCRA protects them against default, especially if they are on active duty when the summons was served to them. But, the deployed spouse can choose to waive the postponement of the divorce proceeding, for which they may require a military divorce attorney to represent their rights during the divorce.
How is Spousal Support Calculated in Long Beach?
The military mandates spousal and child support to begin on the date of separation. However, California law decides the maximum amount a servicemember will be required to pay.
California property division laws categorize property into separate property and community property. Separate property encompasses any assets obtained before the marriage, including gifts and inheritances. Conversely, community property includes all assets obtained throughout the duration of the marriage. This may encompass real estate, rental properties, vehicles, home furnishings, items of value, etc.
The Uniformed Service’s Former Spouse Protection Act controls the calculation and division of military benefits. There exists an additional facet of marital property that is specifically relevant to military spouses. The Uniformed Services Former Spouses Protection Act (USFSPA) designates military retirement pay as marital property eligible for distribution during divorce proceedings. The non-active-duty spouse may qualify for a share of the retirement pay from the Defense Finance and Accounting Service only if the marriage to the active-duty spouse has lasted 10 years or longer. Moreover, spouses may qualify for TRICARE health coverage based on the duration of the marriage.
Furthermore, under the USFSPA, ex-spouses of military servicemembers may be designated as beneficiaries of the Survivor Benefit Plan (SBP). This enables retired military personnel to furnish an income to a designated individual, referred to as the beneficiary, upon their demise. All retired servicemembers are automatically enrolled in this program unless they explicitly opt out. Upon divorce, the SBP designation is often annulled, though it may be retained in certain circumstances. The court may mandate the SBP to persist, it may be voluntarily extended by the servicemember, or it may be executed just to uphold an agreement.