Best Military Divorce Lawyers in El Segundo

About Military Divorce Law in El Segundo, United States

Military divorce refers to the process of legally ending a marriage in which at least one spouse is an active duty service member, reservist, or veteran of the United States Armed Forces. In El Segundo, California, which is home to many military families due to its proximity to bases such as Los Angeles Air Force Base, military divorce cases have specific considerations in addition to the general principles of California family law. Issues such as division of military pensions, jurisdiction, and service member protections are often central to these proceedings. Understanding the additional federal laws and military regulations involved is important for achieving a fair outcome.

Why You May Need a Lawyer

Military divorces often involve more complexities than standard civilian divorces. Here are some common situations where hiring a lawyer can be highly beneficial:

• Navigating the Servicemembers Civil Relief Act (SCRA), which provides active duty members with protections during divorce proceedings
• Determining how and where to file for divorce, particularly if you or your spouse are stationed in another state or overseas
• Dividing military retirement benefits and Thrift Savings Plan (TSP) accounts, which have unique federal rules
• Establishing or enforcing child custody and visitation rights when deployment or relocation is involved
• Ensuring child and spousal support calculations meet both state law and military requirements
• Responding to legal paperwork and timelines that may be affected by military duties or assignments

If you or your spouse is in the military, consulting a qualified attorney can help ensure your interests are protected throughout the process. Lawyers can provide clarity, represent you in court, negotiate settlements, and handle complex forms and deadlines specific to military personnel.

Local Laws Overview

Military divorces in El Segundo are governed by both California state law and federal regulations. Here are some key aspects to know:

• Jurisdiction: At least one spouse must meet California's residency requirements to file for divorce, but military exceptions may allow filing where a service member is stationed.
• Service of Process: The SCRA allows postponement of court proceedings if military service prohibits a spouse from responding to a divorce petition.
• Division of Property: California is a community property state, meaning marital assets and debts are generally split equally. Military pensions are considered marital property but are subject to the Uniformed Services Former Spouses’ Protection Act (USFSPA).
• Child Custody and Support: Courts consider the "best interest of the child," but military obligations like deployments can affect arrangements. Child support amounts may also factor in military allowances and housing benefits.
• Spousal Support: Support awards may also include military benefits, and courts consider the unique circumstances of military service.

Because of the interaction between state and federal laws, and the unique aspects of military life, it is important to consult with a legal professional familiar with both areas.

Frequently Asked Questions

What makes military divorce different from civilian divorce in El Segundo?

Military divorce involves additional federal laws like the SCRA and USFSPA, impacts from service-related benefits, and unique issues like deployments or frequent relocations.

If my spouse is deployed, can I still file for divorce?

Yes, you can file, but the SCRA may allow your spouse to request a delay to court proceedings until they are available to participate.

Where do I file for a military divorce if my spouse is stationed elsewhere?

You can usually file for divorce in California if either you or your spouse is currently stationed, living, or claims legal residency in the state, but consult a lawyer for your specific situation.

How are military pensions divided in divorce?

Under California law and the USFSPA, military pensions are treated as community property. The court may order a division of the pension, but strict federal guidelines govern how this is done.

Can my ex-spouse receive part of my military retirement pay?

Potentially yes, if your marriage and military service overlapped for at least 10 years, your ex-spouse may receive direct payments from the Defense Finance and Accounting Service (DFAS).

Will child support include my Basic Allowance for Housing (BAH)?

Yes, courts usually consider all sources of income, including BAH and other military allowances, when calculating child support obligations.

How can custody or visitation be handled during deployment?

California courts strive to create parenting plans that consider deployment. Temporary custody arrangements may be put in place, with modifications upon the service member’s return.

What happens if I cannot attend court due to military duties?

You may request a stay or delay of proceedings under the SCRA, allowing you to respond or participate when you return.

Does my spouse get access to my military healthcare benefits after divorce?

In some cases, former spouses may be eligible for continued TRICARE benefits if certain conditions are met, such as long-term marriage overlapping with military service.

Do I need a lawyer with military divorce experience?

Yes, given the intersection of state and federal law as well as military regulations, an attorney with experience in military divorce is highly recommended for the best possible outcome.

Additional Resources

Here are some resources and organizations that can provide information and support for military divorce in El Segundo:

• Los Angeles County Superior Court - Family Law Division
• California Department of Veterans Affairs
• Defense Finance and Accounting Service (DFAS)
• Legal Assistance Office at Los Angeles Air Force Base
• California State Bar (for finding qualified family law attorneys)
• Legal Aid Foundation of Los Angeles
• National Military Family Association

These organizations offer forms, guidance, and sometimes free or low cost legal assistance for military personnel and their families.

Next Steps

If you are facing a military divorce in El Segundo, consider the following steps to protect your rights and prepare for the process:

• Gather important documents such as marriage certificates, financial statements, military service records, and benefit statements
• Consult with a family law attorney who has experience with military divorce cases
• Contact your base Legal Assistance Office for additional guidance and resources
• Review your military benefits and make note of any entitlements or obligations
• Stay informed about your rights under both California law and federal statutes like the SCRA and USFSPA

Taking these steps early on can streamline the process and help secure a fair outcome for you and your family. Do not hesitate to seek legal advice if you are unsure about any aspect of military divorce in El Segundo.