Best Military Divorce Lawyers in Burlingame

About Military Divorce Law in Burlingame, United States

Military divorce in Burlingame, California, involves unique legal considerations compared to civilian divorce. Military service members and their spouses must navigate both federal laws and state-specific regulations governing aspects like residency, property division, child custody, and benefits. Burlingame falls within San Mateo County, meaning California divorce law applies, but military rules such as the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses' Protection Act (USFSPA) can significantly affect the process. Understanding these complexities is essential for anyone considering or facing a military divorce in the Burlingame area.

Why You May Need a Lawyer

Military divorce poses distinct challenges that make legal representation highly beneficial. Here are some common situations where an attorney can help:

• You or your spouse are stationed outside California, or overseas.
• One party is actively deployed and has limited ability to participate in legal proceedings.
• There are disputes regarding retirement pay, pensions, or division of military benefits.
• Child custody and visitation arrangements must accommodate deployment schedules.
• Support or property division is complicated by military-specific laws and entitlements.
• You are unsure how to serve divorce papers to an active duty spouse.
• You need to ensure compliance with both California and federal military statutes.

An experienced military divorce lawyer can explain your rights, guide you through the process, and protect your interests during negotiations or court proceedings.

Local Laws Overview

Military divorces in Burlingame are governed by California family law, with additional considerations under federal law. Key aspects include:

• Residency Requirements: California courts have jurisdiction if you or your spouse are stationed or reside in the state. Military members can often file where they are stationed or claim as their legal residence.
• Servicemembers Civil Relief Act (SCRA): This federal law may allow a postponement of divorce proceedings if a military member is on active duty and cannot attend court.
• Division of Military Pensions: The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement benefits as property subject to division. California is a community property state, which can mean equal division of assets acquired during marriage, including the marital share of pension benefits.
• Health Care and Benefits: Eligibility for military healthcare (TRICARE) and other benefits may be retained or lost depending on the marriage duration and service period, often following the 20/20/20 or 20/20/15 rules.
• Child Support and Custody: The court considers the unique nature of military service, such as deployments and relocations, when determining child custody and support arrangements.
• Service of Process: Special rules may apply for serving divorce papers to active duty members, especially if stationed out-of-state or abroad.

Frequently Asked Questions

How long do you have to live in Burlingame to file for divorce if you are in the military?

Generally, either spouse must have lived in California for at least six months and in San Mateo County for at least three months. However, active duty personnel may claim residency in California if stationed there, regardless of their original home of record.

Can an active duty spouse delay divorce proceedings?

Yes, under the SCRA, an active duty spouse can request a temporary stay or delay of court proceedings while deployed or otherwise unable to appear.

How is military retirement pay divided in a California divorce?

California treats military pensions as community property. The share earned during the marriage is generally subject to equal division, based on the length of marriage overlapping with military service.

What happens to health insurance after a military divorce?

Former spouses may qualify for continued TRICARE health benefits if they meet the 20/20/20 rule (20 years of marriage, service, and overlap). If not, they may be eligible for temporary coverage under the 20/20/15 or COBRA alternatives.

How is child custody determined when one spouse is in the military?

The court considers the best interests of the child, accounting for factors like deployments and frequent moves. Parenting plans may need to be flexible and provide for long-distance visitation or electronic communication.

Can I get child and spousal support from a military spouse?

Yes. Both California guidelines and military regulations can require that service members provide financial support for children and, in some cases, for the non-military spouse during and after the divorce process.

Is it possible to serve divorce papers to a spouse stationed overseas?

Yes, but special procedures may apply, including service by certified mail or through military channels. Legal counsel can ensure proper service according to international and military rules.

Are there protections against a military spouse hiding assets?

California law requires full disclosure of all assets and debts. A lawyer can help uncover hidden assets and ensure fair division, using legal tools like subpoenas or financial forensics when necessary.

What if both spouses are in the military?

When both parties are in the military, similar rules regarding jurisdiction, division of benefits, and custody apply. Unique circumstances, like dual deployments, can further complicate custody and support arrangements.

How do I find a lawyer experienced in military divorce?

Look for attorneys who specifically mention family law and military divorce experience. Many list relevant experience on their websites or can be found through bar association referral services.

Additional Resources

• California Department of Veterans Affairs
• San Mateo County Family Law Facilitator's Office
• Military OneSource Legal Assistance
• Armed Forces Legal Assistance Program
• National Military Family Association
• TRICARE Customer Service

Next Steps

If you are considering or facing a military divorce in Burlingame, it is important to:

• Gather all relevant documents, such as military orders, benefit statements, marriage certificate, and children's information.
• Consult a family law attorney experienced in military divorce to understand your rights and options.
• Reach out to local support services or legal aid organizations if you cannot afford private counsel.
• Create a list of questions and concerns specific to your situation for your initial consultation.

Taking early, informed action can help protect your interests and ensure that complex legal aspects of military divorce are handled appropriately.