Orange County Military Divorce Attorney
Helping Military Members & Military Spouses Divorce Smoothly
The stresses military life and multiple deployments put on military members and their families are no walk in the park. Divorce is never seen as an ideal situation, but it can sometimes be a necessary step. As separate entities, military life and divorce are difficult enough to handle. When combined, a complex and stressful situation is likely to ensue, putting a great deal of pressure on all parties involved.
Getting a divorce in the military is more complicated than getting a civilian divorce. There are several different requirements involved in a military divorce, and military couples may have trouble getting informed on what to expect. If you are confronting issues in a military divorce, contact a military divorce lawyer at The Law Office of Bruce C. Bridgman.
Our legal team has the skills and experience you may need, including:
- 70+ years of combined legal experience
- Full-service team of legal professionals
- Extensive knowledge in divorce litigation
Serving a Military Divorce in California
Federal and state laws have made military divorce processes much easier than in the past. California still has special laws for service members that are deployed or living overseas, and the process may be different depending on the location of the military spouse. In most situations, the active duty spouse must be personally served with a summons for a California court to have jurisdiction over the spouse.
In an uncontested case, the spouse may not have to be served if he or she has signed a waiver affidavit that acknowledges a divorce action. In any case, military spouses are protected from failing to respond to a divorce action when they are unaware of it. Under the Soldiers and Sailors Civil Relief Act, a court may postpone a divorce case for the whole time that a military spouse is on duty, and up to 60 days after returning from active duty.
In order to initiate a military divorce, it must also be true that:
- You or your spouse resides in California; and/or
- You or your spouse is stationed in California.
Dividing Property in a Military Divorce
The grounds for a military divorce in California are much like a civil divorce, as are the California property division laws. This means that property may be divided into community property and separate property. Separate property accounts for property acquired before a marriage, and even gifts and inheritances received during a marriage. Community property accounts for almost all of the property that was acquired over the course of a marriage, such as:
- Rental property
In addition, the Uniformed Services Former Spouses' Protection Act determines the portion of a retired service member's pay that is awarded to the spouse. These laws only award military retirement to the spouse if they have been married for 10 or more years while the military spouse has been on active duty. It is important to ensure your financial interests and entitlements are protected in a divorce. If you have questions about how property may be divided in your military divorce or what steps you may take to secure a fair property settlement, contact our skilled military divorce attorneys in Orange County!
Determining Child Support and Alimony
California law does not allow child support and spousal support to exceed 60% of a military spouse's pay. Regular calculations in a California civil divorce are applied when determining the amounts. However, because military pay and benefits are unique in many ways, a court may take additional measures when determining how much support is required.
Get Help with Your Issues Today – Schedule a Free Case Consultation
As a military member or the spouse of one, it is extremely important to obtain an Orange County military divorce lawyer that has experience handling the complex issues in a military divorce. The Law Office of Bruce C. Bridgman has a vast amount of experience representing military spouses. We guide our clients through the process and get them prepared to handle the issues that may arise, such as visitation and child custody. If you are seeking to protect your future and entitlements, contact our firm immediately.
Schedule a free case evaluation with our legal team today!