Los Angeles Military Divorce Lawyer

Issues Involved in Military Divorce

There are certain issues in a divorce that are specific to active and retired military and you will need a skilled Los Angeles divorce attorney's help to straighten out these issues:

• Child Support: The child support for a military member can constitute a large portion of the military pay. Child support is designed to benefit the child not the custodial parent. Therefore, child support should not be disguised as form of maintenance.
• Spousal Support and Alimony: The spouse of a military member can request a significant spousal support payment above and beyond the child support payment. The payments can represent a significant portion of the service member's military or retirement pay and last for years depending.
• Military Retirement: The military retirement benefit is often the largest asset of a divorce. Any division of the military retirement depends on a great deal of factors including other assets of the marriage and the date of separation. Contrary to common perception, the military spouse is not automatically entitled to any portion of the military retirement regardless of the duration of the marriage.
• Military Disability: Military service members are often rated for a medical disability before they leave the military. As time passes, the disability rating for military member often increases. Because the disability portion of the retirement cannot directly be divided by the military, the disability can have a profound effect on the payments, if any, made to the spouse after the divorce.

Get started with your free consultation. Contact us by calling (310) 817-6904 today!

How Does Deployment Affect the Divorce Process in a Military Divorce?

Deployment introduces unique challenges in the military divorce process, often complicating proceedings and extending timelines. For military families, deployment can exacerbate existing marital tensions, sometimes contributing to the decision to divorce. Understanding how deployment impacts the divorce process is essential for military spouses and their legal representatives.

One significant effect of deployment on military divorces is the difficulty in communication. When a service member is deployed, especially in remote or hostile regions, maintaining regular contact can be challenging. This can slow down the divorce proceedings, as timely communication between parties and their attorneys is crucial. Additionally, obtaining necessary documentation and signatures may be delayed, prolonging the process further.

Another crucial aspect to consider is the Servicemembers Civil Relief Act (SCRA). The SCRA provides certain legal protections for active-duty military members, including the ability to request a stay or postponement of civil court proceedings, such as divorce, if their military duties prevent them from participating. This means that if a service member is deployed, they can request a temporary halt to the divorce process until they are available to attend court hearings and other legal obligations. This protection aims to ensure that service members are not disadvantaged in legal proceedings due to their service commitments.

Deployment also complicates the division of military benefits. Military pensions, healthcare benefits, and housing allowances are all factors that need to be carefully evaluated and divided during a military divorce. The timing of deployment can affect the calculation and distribution of these benefits, as well as the overall financial settlement. Legal representation with specific experience in military divorces is crucial to navigate these complexities effectively.

Furthermore, deployment can impact the emotional and psychological well-being of both spouses, influencing their ability to make rational decisions during the divorce process. The stress and uncertainty associated with deployment can lead to heightened emotions, potentially resulting in contentious disputes. It is essential for both parties to seek legal and emotional support to manage the stressors associated with deployment and divorce.

Can Custody Arrangements be Modified if a Service Member Relocates?

Yes, custody arrangements can be modified if a service member relocates, but the process requires careful consideration of the best interests of the child and the unique circumstances of military life. Relocation due to military orders is a common occurrence, and the courts recognize the need to accommodate these changes while prioritizing the child's stability and well-being.

When a service member relocates, the existing custody arrangement may no longer be feasible. The parent remaining in the original location or the service member may petition the court for a modification of the custody agreement. Courts generally evaluate the request based on factors such as the reason for relocation, the distance of the move, the impact on the child's relationship with both parents, and the ability to maintain consistent and meaningful contact with both parents.

In California, like in many states, courts strive to ensure that both parents continue to have a meaningful relationship with their child, even when one parent relocates. The court may modify the custody arrangement to reflect a new visitation schedule, possibly including longer visits during school breaks and holidays to compensate for the reduced regular contact. Additionally, the court may order virtual visitation, allowing the child to maintain regular communication with the relocated parent through video calls and other electronic means.

It's also important to note that military-specific considerations, such as the potential for future deployments and frequent relocations, play a role in custody decisions. The courts aim to create a custody plan that remains flexible and adaptable to the unpredictable nature of military service. This might include provisions for temporary custody changes during deployment and a clear plan for re-establishing the original custody arrangement once the service member returns.

Protecting Your Rights in Military Divorce

Divorce can be a complex and emotionally challenging process, especially when one or both spouses are service members. At Claery & Hammond, LLP, our experienced Los Angeles military divorce attorneys are dedicated to protecting your rights and ensuring a fair resolution to your case.

When it comes to military divorce, there are unique issues that must be addressed, such as:

• Division of military benefits
• Child custody and visitation during deployment
• Relocation and custody modifications
• Spousal support and alimony

Our team understands the intricacies of military divorce and will work tirelessly to achieve the best possible outcome for you and your family. Whether you are a service member or the spouse of a service member, we are here to provide the guidance and support you need during this difficult time.

Contact Claery & Hammond, LLP today to schedule a consultation with a knowledgeable military divorce attorney who will prioritize your needs and protect your interests.

Help for Military Divorce in Los Angeles

When one or both parties involved in a divorce are active or retired members of the military, certain issues may arise that will have to be carefully handled. When a person seeking divorce is still on active duty, the situation will need to be handled with sensitivity. In cases where a person involved in a divorce is a retired military member, certain issues regarding retirement and disability will need to be addressed.

At Claery & Hammond, LLP our divorce lawyers are fully qualified to handle complex family matters such as military divorces and they will handle your situation appropriately. Military divorces can be more complex than civilian divorces because of the issues that must be addressed during the divorce process. The attorneys at our firm know exactly how to handle your military divorce and can protect your rights and your future by appropriately handling any issues that may arise appropriately.

If you would like to learn more about filing for military divorce in Los Angeles, contact us today at (310) 817-6904. We also offer a free online case evaluation, which could help you better understand your options.