Dealing with a divorce can be particularly challenging when one or both spouses are members of the military. In California, military spouses facing divorce are afforded specific legal protections and considerations due to the unique nature of their service. Consulting with a family law attorney experienced in California military divorces can help military spouses navigate these laws and ensure their rights and interests are protected throughout the divorce process.
Understand the Provisions of the Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) is a federal law that provides important protections for military members, including those going through divorce. Some key provisions of the SCRA relevant to divorcing military spouses in California include:
- Stay of Proceedings: Under the SCRA, military members can request a stay (delay) of divorce proceedings while on active duty or for a period thereafter. This allows service members to focus on their duties without the added stress of divorce litigation.
- Jurisdiction: Determining the appropriate jurisdiction for a divorce can be complicated when one or both spouses are in the military. The SCRA provides guidelines to establish jurisdiction, ensuring that military members are not unfairly disadvantaged due to frequent relocations.
Child Custody and Support for Military Parents
Child custody and support are critical issues in any divorce, and military service can add complexity to these matters. Here are some considerations:
- Child Custody: Courts in California uphold the best interests of the child when determining custody arrangements. Frequent relocations due to military service can influence custody decisions, and courts aim to create stable environments for the child.
- Parenting Plans: Developing a detailed parenting plan is vital, especially when one parent is in the military. These plans address visitation schedules, communication methods, and how deployments or relocations will be handled.
- Child Support: The calculation of child support in California considers each parent’s income and the time spent with the child. Military pay and allowances are included in the calculation.
Military Pensions and Benefits
Military pensions and benefits can be complex assets to divide during divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs the division of military pensions. In California, these pensions may be considered community property and subject to division.
Frequently Asked Questions on California Military Divorce
Q: How does my spouse’s military service impact our divorce jurisdiction in California?
A: Military service can affect jurisdiction in divorce cases. If your spouse is stationed in California, you may file for divorce in the state. However, if they are stationed elsewhere, jurisdiction may be in their duty station’s state, or they may consent to California jurisdiction.
Q: Can I receive military healthcare benefits (TRICARE) after the divorce?
A: If you were married to a military service member for at least 20 years, overlapping with their military service, you may be eligible to continue receiving TRICARE benefits as a former spouse.
Q: How can I enforce child support payments when my military ex-spouse is stationed far away?
A: The military has mechanisms to enforce child support orders, even when the paying parent is stationed abroad. You can work with your state’s child support enforcement agency, which can coordinate with the military.
Q: What happens to my military ID card after the divorce?
A: Typically, the non-military spouse loses eligibility for a military ID card after divorce. Pertaining to this, you may be eligible for other military facilities and benefits under certain conditions.
Q: How are child custody and visitation affected when a military parent is frequently deployed?
A: Courts may create flexible visitation schedules to accommodate deployment, ensuring the child maintains a strong relationship with both parents.
Q: Can military leave be used for divorce-related matters in California?
A: Yes, military service members can use military leave for divorce proceedings and court appearances. They should coordinate with their commanding officer and legal counsel.
Get Our California Military Divorce Attorneys on Your Side to Protect Your Rights and Future
Your military divorce deserves the utmost attention and expertise. Let our experienced military divorce attorneys in California guide you through the legal protections and considerations available to military spouses in California. At Werno Family Law Solutions, our principal attorney Don Werno, Esq., is a certified family law specialist with a deep understanding of the complexities of military divorce. Contact us at 714-942-5932 or fill out this online contact form to schedule your free consultation.