A Unique Set of Circumstances
Military service members face unique and difficult circumstances that set them apart from civilians in the face of divorce. If you are deployed and facing a divorce, it is extremely difficult to protect your rights, finances, and child custody like those who are not away. Your situation requires the counsel of an experienced military divorce attorney from Bremer, Whyte, Brown & O’Meara. We can help ensure that you have a fair fight in protecting your rights to your children, property, and assets, whether or not you are away. You should not be penalized during your divorce for your service to our country.
What Sets Military Divorce Apart?
There are several key factors that set military divorce apart from civilian divorce. These factors vary depending on whether the service member spouse (or spouses) is on active duty and out of the state or country at the time of filing.
The unique factors include:
- Soldiers and Sailors Civil Relief Act: if a soldier is on active duty, the divorce proceedings must be postponed for the entirety of active duty or for up to 60 days thereafter, until the service member can return. This can be waived at the request of the service member should he or she wish to proceed with the divorce while away. (50 U.S.C. 521) This act protects service members from a number of things including evictions, mortgage foreclosure, vehicle lease penalties, income tax payments, and divorce summons.
- Residency: You and your spouse must reside in California and/or you or your spouse must be stationed in California.
- BAH and BAS: According to California law, BAH and BAS are considered income for support.
- Uniformed Services Former Spouse Protection Act: This act entitles former spouses to certain benefits including health care, retirement pay, commissary benefits, and military exchanges.
Newport Beach Military Divorce Attorneys
Time spent apart for training or active duty, fear of the unknown, and the looming chance of deployment can often cause unique challenges in a marriage that result in a divorce. If you are facing a divorce and you or your spouse are in the military, you need to discuss your divorce with our experienced Newport Beach military divorce lawyers. We understand how difficult legal proceedings can be if you or your spouse is deployed, or if there are circumstances beyond the “normal” divorce paperwork. We can help you navigate the legalities of military divorce and child custody and protect your rights as a service member.
Contact us to discuss your military divorce questions. Call 949-229-8546.