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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 Murrieta, CA, we’re here for you. Contact us to start the conversation.
Military service can complicate child custody arrangements, especially when deployment is involved. Courts in California consider the best interests of the child, but deployment can make it difficult for service members to maintain regular visitation or custody schedules.
In cases where a parent is deployed, California courts can issue temporary custody orders that protect the service member's parental rights while ensuring the child’s stability. These orders can be adjusted upon the service member’s return, allowing them to resume their parenting role.
Creating a flexible and realistic parenting plan is crucial for military families. This plan should account for potential deployments, relocations, and changes in the service member’s schedule. Our attorneys work with clients to develop parenting plans that prioritize the child’s well-being while accommodating the unique demands of military life.
The calculation of spousal and child support in military divorces follows the same guidelines as civilian cases, but there are additional factors to consider. Military pay structures, including basic pay, housing allowances (BAH), and other entitlements, are taken into account when determining support payments.
In addition to dividing military pensions, other benefits such as the Thrift Savings Plan (TSP) and bonuses may also be subject to division. It’s essential to understand how these benefits will be divided to ensure a fair distribution of assets.
To file for divorce in California, one spouse must meet the residency requirement of living in the state for at least six months.
However, military members stationed in California can file for divorce in the state even if they don't meet the residency requirement, provided they are stationed here.
Serving divorce papers to a military spouse can be more complicated, especially if they are on active duty or deployed. The Servicemembers Civil Relief Act (SCRA) provides protections for service members, allowing them to delay court proceedings if their military service prevents them from responding to legal action.
Whenever possible, we encourage our clients to pursue negotiation or mediation to resolve disputes amicably. This approach can save time, reduce legal costs, and help preserve relationships.
However, if litigation becomes necessary, our team is prepared to advocate aggressively on behalf of our clients.
The USFSPA gives California's courts the jurisdiction to consider military retirement pay as community property and, therefore, divisible. Division is, however, dependent on the length of marriage and military service overlap.
Does a former spouse have access to health benefits after a military divorce?
Entitlement to Tricare health benefits depends upon length of marriage and time in service by the service member. The 20/20/20 rule allows spouses who were married for at least 20 years, with at least 20 years of overlapping military service, full benefits.
Deployment can make custody more difficult to determine. Most courts issue temporary orders that maintain the service member's rights while giving stability to the child. Temporary orders are revisited when the deployment of the service member ends.
Yes, the division of military retirement has included decisions about the Survivor Benefit Plan. The former spouse can continue as a beneficiary, but that decision must be negotiated at the time of the divorce.
Military divorces require an added level of expertise in family law and military regulations. Here at Family Law Matters, we understand those special challenges that put military families into a category of their own when the time for divorce arrives.
Our attorneys offer personalized support with legal issues to ensure that your rights are protected and that you get a fair and favorable outcome.
From military benefit division to issues of child custody that may arise during deployment to spousal support negotiations, we're here to take you through it.
For the best possible representation concerning your military divorce in Temecula, contact us today for a consultation and to learn how we can help you.
27307 Via Industria, K-1
Temecula, CA 92590