About Military Divorce Law in Bakersfield, United States
Military divorce refers to the dissolution of marriage where at least one spouse serves or has served in the United States Armed Forces. In Bakersfield, California, military divorce is governed by both state and federal laws. While many aspects of the process are similar to civilian divorces, certain rules provide unique protections and procedures for servicemembers, particularly regarding benefits, custody, support, and service of process. Understanding these differences is critical for anyone involved in a military divorce in Bakersfield.
Why You May Need a Lawyer
Military divorces come with special challenges that may require experienced legal guidance. Some common scenarios where legal help is crucial include:
- Dividing military pensions and benefits - These are subject to federal rules and are not split like civilian retirement accounts.
- Navigating service requirements - Servicemembers may be deployed or stationed overseas, making it difficult to attend hearings or respond to filings without legal support.
- Understanding federal protections - Laws like the Servicemembers Civil Relief Act (SCRA) provide safeguards that may impact the divorce timeline or proceedings.
- Child custody and visitation - Military service can affect parental rights, relocation, and custody arrangements.
- Child and spousal support enforcement - Income sources, such as Basic Allowance for Housing (BAH), can complicate support calculations.
- Ensuring proper service of divorce papers - Serving an active duty servicemember correctly involves specific procedures.
An attorney who understands both California family law and federal military regulations can help protect your rights and interests throughout the divorce process.
Local Laws Overview
Divorce in Bakersfield, which is in Kern County, follows California state law. However, when one spouse is a member of the military, federal statutes such as the Uniformed Services Former Spouses' Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA) are also relevant. Significant local aspects include:
- Jurisdiction - Either spouse must be a resident of California for at least six months and a resident of Kern County for at least three months before filing. If stationed in California, military members may claim residency for divorce purposes.
- Division of Military Pensions - California treats military pensions as community property, meaning the portion earned during the marriage is subject to division, in accordance with federal law.
- Child Custody and Support - Decisions are made in the child’s best interest, with considerations for military duties or deployment. Military pay and allowances are factored into support calculations.
- Service of Process - Special rules may delay legal proceedings until the active-duty servicemember is available to respond, due to SCRA protections.
- Enforcement of Orders - Military wages can be garnished for support, and different procedures may apply for enforcing California court orders on base or outside the state.
Frequently Asked Questions
What makes a military divorce different from a civilian divorce in Bakersfield?
Military divorce involves both state and federal laws, special rules about dividing military benefits, protections for active-duty servicemembers, and unique custody issues related to deployments.
Can I file for divorce in Bakersfield if my spouse is in the military and stationed elsewhere?
Yes. If you meet the residency requirements for California and Kern County, you can file locally. Military members stationed in California may also qualify as residents for filing.
How are military pensions divided during a divorce?
Military pensions are considered community property in California. The portion accrued during the marriage can be divided, but only if the marriage and military service overlapped for at least 10 years, the federal government will pay the non-military spouse directly.
What is the Servicemembers Civil Relief Act and how does it affect my divorce?
The SCRA protects active-duty military members from certain legal actions, such as default judgments or court proceedings, while they are unable to respond due to military service. This can delay parts of the divorce process.
Can child custody orders account for deployments?
Yes. Courts in Bakersfield can create flexible custody and visitation arrangements to accommodate military schedules and deployments, always considering the child's best interests.
How is child support calculated when a parent is in the military?
The court considers all sources of a servicemember's income, including base pay, Basic Allowance for Housing, and other military-related pay and allowances.
Do I need my spouse’s consent to get a divorce if they are deployed?
No, but serving divorce papers and conducting proceedings might be delayed or require special procedures if your spouse is on active duty due to federal protections.
Can spousal support be garnished from military pay?
Yes. Both child and spousal support can be garnished directly from a servicemember's pay if ordered by the court.
Can I keep my military health benefits after divorce?
If you were married to the servicemember for at least 20 years, and there was at least 20 years of overlap between the marriage and military service, you may retain access to certain benefits. Otherwise, coverage typically ends upon divorce.
Should I use a civilian attorney or one familiar with military divorces?
It is best to work with an attorney who understands both California family law and the federal laws governing military service and benefits, as they can best protect your interests.
Additional Resources
Seeking help from the following organizations and agencies can provide valuable information and assistance:
- Kern County Family Law Facilitator’s Office
- California Department of Veterans Affairs
- Legal Assistance Offices at local military bases
- Military OneSource
- American Bar Association Military Pro Bono Project
- U.S. Department of Defense - Office of Legal Policy
Next Steps
If you believe you may need legal assistance with a military divorce in Bakersfield, consider the following steps:
- Gather all relevant documents, such as military service records, marriage certificates, and financial statements.
- Consult with a local attorney experienced in military divorce. Many offer initial consultations to review your situation.
- Visit the Kern County court’s self-help center or the Family Law Facilitator’s Office for guidance on basic procedures if you cannot afford a lawyer.
- If you or your spouse are currently on active duty, reach out to the nearest military legal assistance office for advice on your specific protections and obligations.
- Familiarize yourself with resources from the Department of Defense, Military OneSource, and local veterans’ organizations for further support.
Taking early action and consulting with professionals who understand both state and military law will help protect your rights and ease the process during this challenging time.
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