Best Military Divorce Lawyers in Glendale

About Military Divorce Law in Glendale, United States

Military divorce refers to the legal process of ending a marriage when at least one spouse is a member of the United States Armed Forces. In Glendale, United States, military divorces are governed not just by California state law but also by specific federal statutes that protect service members, such as the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses' Protection Act (USFSPA). These laws impact issues like property division, child custody, and spousal support, making military divorces more complex than typical civilian divorces.

Why You May Need a Lawyer

Military divorces involve unique circumstances that often require the guidance of an experienced attorney. Here are some common situations where legal help is crucial for military families in Glendale:

• Ensuring proper service of divorce papers when a spouse is deployed or stationed elsewhere
• Understanding how military pensions and benefits are divided
• Negotiating child custody and visitation with consideration to deployments and relocations
• Calculating child support and spousal support with variable military pay and allowances
• Protecting rights under federal and state laws specific to the military
• Handling residency and jurisdiction issues when spouses are living in different states or overseas

Local Laws Overview

Glendale, located in California and Los Angeles County, follows California’s family law statutes, but with additional federal rules for military divorces:

• Residency Requirements: Normally, one spouse must be a California resident for at least six months and a Los Angeles County resident for three months before filing for divorce. However, military members stationed in California may file without traditional residency.
• Servicemembers Civil Relief Act (SCRA): This federal law allows active duty spouses to postpone legal proceedings while deployed or otherwise unable to participate in court matters.
• Uniformed Services Former Spouses' Protection Act (USFSPA): This act governs how military retirement benefits are divided as community property. California courts can divide military pensions if jurisdictional requirements are met.
• Child and Spousal Support: California law uses state guidelines for support, but military pay, including base pay, housing allowances, and other benefits, is considered in the calculations.
• Health and Exchange Benefits: Continued eligibility for military benefits, such as TRICARE and commissary privileges, may be affected depending on the length of the marriage and overlap with military service.
• Service of Process: Serving divorce papers can be challenging if a spouse is on deployment or stationed out of state or country, requiring strict compliance with both military and state procedures.

Frequently Asked Questions

What is the difference between a military divorce and a civilian divorce in Glendale?

A military divorce must follow both California state laws and certain federal statutes, making it more complex. Issues like military pensions, deployments, and benefits are handled differently than in most civilian divorces.

Can I file for divorce in Glendale if my spouse is stationed in another state or country?

Yes, you may be able to file in California if you or your spouse are currently stationed or reside in the state, even if one of you is deployed elsewhere. Federal law offers flexibility regarding residency for military members.

How are military pensions divided in a Glendale divorce?

Military pensions are considered community property in California and can be divided by the court. Federal law, specifically the USFSPA, governs how and when these benefits may be shared with a former spouse.

Will I lose my military health and exchange benefits after divorce?

Eligibility for TRICARE and other benefits depends on the length of marriage and military service overlap. The 20/20/20 rule allows some former spouses continued access, but requirements are strict.

What if my spouse is deployed or cannot attend court?

The Servicemembers Civil Relief Act (SCRA) allows for delays or stays in court proceedings if active duty responsibilities prevent participation. Proper notice and court approval are required.

How does deployment affect child custody orders in Glendale?

Courts consider the best interest of the child but also account for deployment schedules. Judges may allow for temporary custody adjustments and require prompt notification of deployments.

How is child support calculated if my spouse receives military bonuses and allowances?

All forms of military compensation, including basic allowances for housing and bonuses, are considered income for support calculations under California guidelines.

Do I have to serve divorce papers in a special way if my spouse is in the military?

Yes, service must comply with both California law and military regulations. Often, services must be coordinated through the military post or base, especially if the spouse is overseas.

Can the court force the military spouse to pay spousal support?

Yes, the court can order spousal support based on California law, and the military enforces compliance through voluntary allotments or, in some cases, involuntary deductions from pay.

Is legal separation different from divorce for military families in Glendale?

Legal separation functions similarly for military families, but certain federal benefits and property division rights might be affected differently than in a full divorce. Consult an attorney to review your circumstances.

Additional Resources

If you need more information or guidance on military divorce in Glendale, consider reaching out to the following:

• Los Angeles County Superior Court Family Law Division
• California Department of Veterans Affairs
• California State Bar - Family Law Section
• Military OneSource (provides counseling and legal resources for service members and spouses)
• Legal Assistance Office at your military installation
• American Bar Association - Military Pro Bono Project

Next Steps

If you are considering a military divorce in Glendale or have been served divorce papers, here are some steps to take:

• Gather all relevant documents, including marriage certificates, military pay statements, and records of benefits
• Consult a family law attorney with experience in military divorce to understand your rights and options
• If you are on active duty, notify your commanding officer and seek advice from your base’s legal assistance office
• Learn about relevant federal protections such as SCRA and USFSPA
• Prepare a list of priorities and questions to discuss with your attorney
• Stay informed about court dates or required filings, especially if you or your spouse are frequently relocating or deployed
• Use local and military-specific resources for counseling, legal aid, and financial advice throughout the process