+
+
TOP
Divorce is challenging for any family, but for military families, the complexities can be especially overwhelming.
At Family Law Matters, we understand the unique intersection of military service and legal concerns, from spousal support to child custody and the division of military benefits.
Our commitment is to ease the burden of military divorce and provide you with expert guidance tailored to your specific needs.
Military divorces require a specialized blend of knowledge in both California family law and federal military regulations.
At Family Law Matters, our legal team is dedicated to these cases, helping military families navigate complicated issues related to retirement benefits, spousal support, and custody.
We ensure that you understand your rights and that your service is honored and protected throughout the process.
Located in Corona, we are deeply familiar with the unique challenges faced by military personnel and their families stationed in the area.
We work tirelessly to protect your rights and secure a fair outcome, safeguarding your family’s future and ensuring that the sacrifices you’ve made for your country are respected in the legal arena.
The USFSPA plays a crucial role in military divorces, as it governs the division of military pensions. California courts consider military retirement pay as community property, making it eligible for division. Understanding your rights under this federal law is essential to securing your financial future.
Another vital aspect of military divorce is the Survivor Benefit Plan (SBP), which provides ongoing income to the former spouse after the service member's passing. Decisions regarding SBP must be made during divorce negotiations, and we ensure that our clients are fully informed to make the best choices for their financial security.
Divorce affects access to Tricare healthcare benefits. While many spouses lose eligibility, exceptions exist based on the length of marriage and military service. Our attorneys help you understand these regulations to retain the benefits you are entitled to.
When you choose us, you can expect:
We know how personal and impactful family law issues can be. That’s why we’re committed to:
If you’re in need of caring, compassionate help with your divorce or family law case in Corona, CA, we’re here for you. Contact us to start the conversation.
Military service often complicates child custody, especially with deployment. California courts prioritize the child's best interests, but deployment can make maintaining custody schedules challenging. We help military families create parenting plans that accommodate the realities of military life while prioritizing the child’s stability.
When deployment is involved, California courts can issue temporary custody orders to protect the service member's parental rights, allowing for adjustments once they return. We ensure that your parental rights are safeguarded, even during deployment.
Our attorneys work with you to develop flexible parenting plans that consider possible deployments, relocations, and the ever-changing demands of military service. We focus on your child’s well-being while accommodating your military obligations.
Military divorce affects spousal and child support calculations, taking into account the unique military pay structure.
We ensure that support payments are calculated fairly, including military entitlements like basic pay and housing allowances.
Beyond pensions, military divorces also involve dividing benefits like the Thrift Savings Plan (TSP) and bonuses.
We guide you through the fair division of these assets, ensuring your financial future is secure.
In California, one spouse must meet the six-month residency requirement to file for divorce. However, military members stationed in California can still file here, even without meeting the residency requirement, making the process more accessible.
Serving divorce papers to a military spouse can be complex, particularly if they are on active duty or deployed. The Servicemembers Civil Relief Act (SCRA) offers protections for service members, allowing them to delay court proceedings if military duties prevent them from responding. Our team ensures all legal procedures are properly followed, respecting the unique circumstances of military life.
We encourage amicable resolutions through negotiation and mediation whenever possible, helping you save time and reduce legal costs. However, if litigation is necessary, our attorneys are ready to advocate aggressively on your behalf to protect your interests.
How does military divorce impact retirement pay?
Under the USFSPA, military retirement pay can be divided as community property. The division depends on the length of the marriage and the time overlap with military service.
Can a former spouse retain health benefits after divorce?
Eligibility for Tricare health benefits is determined by the duration of the marriage and military service. The 20/20/20 rule provides full benefits for spouses who were married for at least 20 years, with 20 years of overlapping military service.
How does deployment affect child custody?
Deployment complicates custody arrangements. Temporary custody orders are often used to protect the service member’s rights while ensuring the child’s stability, with adjustments made once the service member returns.
Does military divorce impact Survivor Benefit Plans (SBP)?
Yes, SBP decisions are part of dividing military retirement benefits during divorce. Negotiating this aspect is crucial to securing long-term financial security for the former spouse.
Handling a military divorce requires specialized knowledge. Our team at Family Law Matters is experienced in navigating both military regulations and California family law, providing you with the dedicated support you need.
Whether you're dealing with child custody during deployment or dividing military benefits, we ensure your rights are protected.
Contact us today to schedule a consultation and get expert legal guidance for your military divorce in Corona, CA.
Navigating a military divorce requires a precise understanding of the unique benefits and regulations that service members face. The division of assets, including military pensions, isn’t as simple as splitting civilian property. Under the Service Members Civil Relief Act (SCRA) and the Uniformed Services Former Spouses' Protection Act (USFSPA), your retirement and benefits could be subject to complex legal frameworks.
We execute a tactical approach to protect your military benefits—including your Thrift Savings Plan (TSP), BAH (Basic Allowance for Housing), and military retirement. These assets require specialized handling to ensure they are fairly divided while keeping your financial future intact.
When it comes to child support, our team carefully factors in the nuances of military pay, including special allowances and bonuses, to develop a strategic plan that supports your child while preserving your ability to provide for yourself.
Whether you’re protecting your hard-earned retirement or navigating the intricacies of child support and military pensions, we’re here to defend your interests with precision and expertise.
The Servicemembers Civil Relief Act (SCRA) is a crucial piece of legislation designed to protect active-duty service members from certain legal actions that could interfere with their military duties, including during divorce proceedings. The SCRA provides a range of protections that ensure service members can focus on their military responsibilities without the pressure of unresolved legal issues.
Delay of Court Proceedings:
If a service member is on active duty and cannot attend court hearings due to their military obligations, the SCRA allows them to request a stay (delay) of legal proceedings, including divorce cases, for at least 90 days. This prevents default judgments from being made in their absence.
Protection from Default Judgments:
In typical civilian cases, if one spouse fails to respond to divorce filings, a court could issue a default judgment. Under the SCRA, service members are protected from such judgments if their military service prevents them from responding to legal action in a timely manner.
Reduced Interest on Pre-Service Debt:
The SCRA limits the interest rate on debts incurred before entering military service, including obligations that may come into question during a divorce. Interest rates on debts, such as mortgages or loans, are capped at 6% while the service member is on active duty.
Protections Against Eviction and Foreclosure:
During a divorce, if a military family is facing financial difficulties, the SCRA provides additional protections, ensuring that service members cannot be evicted from rental housing or have their home foreclosed upon without a court order, even if they are behind on payments.
The SCRA doesn’t exempt a service member from divorce proceedings, but it ensures they have adequate time to respond and participate, even while deployed. This is critical for ensuring that decisions regarding child custody, spousal support, and division of military benefits are fair and not rushed due to their military service.
Our firm is well-versed in the intricacies of the SCRA and how it applies to military divorce cases. We leverage these protections to ensure that your rights and interests are safeguarded, no matter where you are stationed. If you're a service member facing divorce, we can help you navigate the legal system while keeping your military duties and commitments at the forefront.
27307 Via Industria
Temecula, CA 92590
