Best Military Divorce Lawyers in Cerritos

About Military Divorce Law in Cerritos, United States

Military divorce in Cerritos, United States, refers to the dissolution of marriage where at least one spouse serves in the United States Armed Forces. While military divorce involves state divorce laws, unique federal statutes and specific rules related to service members can make the process more complex than civilian divorces. These special considerations include the division of military benefits, federal protections during active duty, and residency requirements. Residents of Cerritos dealing with military divorce must navigate both California state law and applicable military regulations.

Why You May Need a Lawyer

Seeking the counsel of an experienced lawyer is crucial when facing a military divorce in Cerritos for several reasons. A lawyer can help ensure your rights are protected under the Servicemembers Civil Relief Act, which provides certain legal protections for soldiers on active duty, such as delaying court proceedings. Divorce proceedings can be delayed or complicated if one spouse is deployed. Furthermore, a lawyer can assist with the division of military pensions and benefits, child custody arrangements during deployments or relocations, and ensure proper service of court documents. Legal representation also helps address unique issues like survivor benefits and the proper handling of military healthcare coverage for spouses and children.

Local Laws Overview

Cerritos residents undergoing a military divorce will be subject to California family law and federal military statutes. In California, divorce is generally based on irreconcilable differences, and the state follows community property rules, which affect the division of marital assets. When one or both spouses are active or retired military members, the Uniformed Services Former Spouses’ Protection Act (USFSPA) permits state courts to divide military retired pay as property, not income. The Servicemembers Civil Relief Act (SCRA) can delay divorce proceedings if the service member is on active duty, and state courts must establish jurisdiction, meaning the military spouse must have a legal connection to California to file for divorce there. Special rules govern child custody and support in situations where parents are subject to deployment or frequent relocation.

Frequently Asked Questions

What makes a military divorce different from a civilian divorce?

Military divorce in Cerritos involves additional legal considerations like federal protections for active duty members, complex rules for dividing military pensions, jurisdictional requirements, and special considerations in child custody arrangements due to deployments or relocations.

Where should I file for a military divorce if stationed away from Cerritos?

Filing may occur in the state where you are stationed, where you claim legal residence, or where your spouse lives. For Cerritos, you or your spouse must meet California’s residency requirements, typically living in California for at least six months and in Los Angeles County for three months.

How is military retirement pay divided in a divorce?

Under USFSPA, California courts can divide military retirement pay as community property. The amount each spouse receives depends on the length of the marriage overlapping with military service and other factors.

Can active deployment delay my divorce proceedings?

Yes, under the Servicemembers Civil Relief Act, court proceedings like divorce can be postponed during the service member’s active duty and up to 60 days afterward if military responsibilities affect the service member’s ability to participate in the case.

How is child custody handled if one parent is deployed?

California courts prioritize the child’s best interests. They may create a parenting plan that accommodates deployments, often allowing for special arrangements, make-up visitation, or virtual communication while a parent is away.

Are former spouses of service members eligible for military benefits?

Eligibility depends on the length of the marriage and overlap with military service. The 20-20-20 rule grants full benefits if the marriage lasted 20 years, the service member served 20 years, and there was a 20-year overlap between marriage and service.

What if my spouse is hiding their military benefits or pay?

A lawyer can help you request full financial disclosure during divorce proceedings. Courts require both parties to share complete information about assets, including military benefits.

How does child support work in a military divorce?

Child support is based on California guidelines, but military pay and allowances are factored into the calculation. Commanding officers may also enforce temporary support orders.

What is the Survivor Benefit Plan (SBP), and how does it affect divorce?

The SBP provides ongoing income to a former spouse after the service member’s death. It must be specifically addressed during divorce proceedings; otherwise, the benefit may be lost.

Can I handle a military divorce on my own?

While possible, military divorces are complex, and mistakes can affect your financial future or your children’s well-being. Consulting with a lawyer experienced in military divorce is highly recommended to protect your rights.

Additional Resources

- The Legal Assistance Office at Los Angeles Air Force Base offers consultations for service members and their families. - California Department of Veterans Affairs provides information on state-specific benefits and support. - Los Angeles County Superior Court Family Law Division handles divorce filings and related family law matters in Cerritos. - Military OneSource offers resources and confidential counseling for military families. - The U.S. Department of Defense (DoD) offers guidance on military benefits during divorce.

Next Steps

If you are considering or currently going through a military divorce in Cerritos, the first step is to gather all relevant documents, including marriage certificates, military orders, financial records, and information on military benefits. Next, research experienced local attorneys who specialize in military divorce to consult about your unique situation. Schedule a consultation, bring your documentation, and be prepared to discuss your goals related to property, custody, and support. Keep in mind the timelines associated with residency and service requirements in California. If deployment or active duty affects your availability, make your attorney aware so they can leverage federal protections on your behalf. For general questions, reach out to military legal assistance offices or local family court resources. Taking these steps can help ensure a smoother and more secure legal process during this challenging time.