Visalia Military Divorce Lawyer

Visalia Military Divorce Attorney

Making the decision to get a divorce is a trying time for anyone. The following divorce process can be complex and fraught with emotional turmoil and confusion about the legal system. With the added federal rules, a military divorce can be extra confusing, which is why having a Visalia military divorce lawyer on your side can make a big difference.

How We Can Help

Having a military divorce lawyer who is well-versed in the additional rules and regulations for getting a military divorce can be very useful. Carlos Navarrete has over 23 years of legal experience and understands the ins and outs of the regulations that affect a military divorce. He is skilled at advocating for you and has a clear and compassionate focus when it comes to helping you navigate it.

Around 3% of military marriages end in divorce. Not only can we help you understand the federal regulations that might affect your divorce, but we can also apply them to your unique situation.

How to Establish Jurisdiction in California

Getting a military divorce in California means not only navigating California’s divorce laws, but also the federal laws that apply to a military divorce. These laws address issues that affect military life, specifically deployment, residency, and special military benefits.

In order to get a divorce in Visalia or in California in general, California must have jurisdiction, or legal authority, over your divorce. There are three ways to establish jurisdiction.

1. The service member claims California as their legal domicile, or as their permanent home.
2. The service member’s military orders station them in California, even if their legal domicile is in another state.
3. The non-military spouse has lived in California for at least six months, which makes them a legal resident.

Can an Active Service Member Postpone the Divorce?

According to the Servicemembers Civil Relief Act, otherwise known as SCRA, an active service member can request a pause to the divorce proceedings. This works to protect them since they might be disadvantaged in court if they’re overseas.

This pause, or stay, doesn’t happen automatically; it must be requested. The service member must be able to prove that their military duties would interfere with their ability to participate. The pause is temporary and lasts at least 90 days. It will be resumed when the service member is able to actively participate or when the court can’t find a genuine reason to wait.

How Assets Are Divided in California

California is a community property state, which means that unless there was a pre- or postnuptial agreement in place, each spouse is entitled to 50% of the marital property. A military divorce is a bit different, especially when it comes to retirement benefits.

The Uniformed Services Former Spouses’ Protection Act treats the servicemember’s military retired pay as part of that community property, but it deducts things like the VA disability pay or Survivor Benefit plan premiums. If you have questions about how this might affect your military retirement pay, a military divorce lawyer can apply these rules to your unique situation.

A 10/10 rule helps to determine how the amount is paid. If the marriage lasted at least 10 years during which there were 10 years of military service, then the Defense Finance and Accounting Service will make the payments directly to the service member’s spouse. If not, then the service member will be responsible for those payments on their own.

Hire a Military Divorce Lawyer

While most divorces can be complicated, a military divorce is particularly complex. Hiring a divorce lawyer with particular experience with military divorces can make a big difference because not every divorce lawyer understands how military divorces work. They are able to:

• Provide legal counsel according to the federal military divorce laws, along with state divorce laws
• Help you navigate jurisdictional issues
• Help you pause the divorce proceedings while on active duty
• Represent your interests
• Negotiate on your behalf
• Navigate child custody, especially if there is a long deployment
• Explain how assets are divided

Whether you are a service member or a non-military spouse, a military divorce lawyer is particularly capable of helping you navigate this difficult time.

FAQs About Visalia, CA Military Divorce Laws

Does the Military Provide Lawyers for Divorce?

The military does provide lawyers for divorce, and while their legal assistance might be worthwhile, there are limits to how they can help. Hiring a private military divorce lawyer can help you achieve your desired outcome, especially where more complex cases are concerned. Sometimes the military legal assistance isn’t sufficient, has conflicts of interest, or has issues with jurisdiction.

A military divorce can be complicated, so having an experienced military divorce lawyer can really make a difference.

How Long Does a Military Divorce Take in California?

How long a military divorce takes in California depends on many factors. Some military divorces have the potential to take longer than civilian divorces, especially if one spouse is currently deployed. Other factors that can delay the divorce could be where the service member is stationed, long processing times at the pension division, and whether the Visalia Superior Court has a long backlog. Missing deadlines can also delay the divorce, but a military divorce lawyer can help avoid that.

How Are Assets Divided in a Military Divorce in California?

Multiple factors affect how assets are divided in a military divorce in California, more specifically, how retirement is treated in a divorce. California has community property laws, which give each spouse a 50/50 share of their assets, and military retirement pay is a part of that, but it deducts things like VA disability pay or premiums for the Survivor Benefit Plan. The 10/10 rule dictates how retirement is split depending on how many decades the couple has been together.

Is It Hard to Get a Divorce in the Military?

While getting a divorce can be hard for anyone, getting a military divorce can be more complicated. While it looks very similar to a civilian divorce, there are some extra rules that dictate when the divorce takes place, how, and where. In order for the California court to preside over the divorce, it must have jurisdiction, or legal authority, to do so. Also, the Servicemembers Civil Relief Act protects military members from being disadvantaged if they are currently deployed.

Contact the Carlos Navarrete Law Firm Today

With over 23 years of legal experience that includes military divorces, our law firm is particularly well-versed in the special rules that regulate them. Military divorces can get slightly more complex than civilian divorces, so having someone experienced can increase your chances of having a positive outcome.

Contact us today to schedule a consultation.