Visalia Military Divorce Lawyer

Visalia Military Divorce Attorney

Getting a divorce can be difficult for anyone, but there are often additional complexities that arise when getting divorced as a member of the U.S. military. Hiring a Visalia military divorce lawyer can help you get the clarity you need to move forward.

Choose Chase Family Law to Represent You

Instead of hiring just any Visalia military divorce lawyer, choose Chase Family Law, where we are prepared to offer our support as you pursue your military divorce. With 30 years of experience, attorney Brian N. Chase is prepared to walk you through your divorce from start to finish.

An Overview of Military Divorce in California

There are over 4.3 million members of the Total Department of Defense (DOD) team. This includes military officers and their families. While some may be deployed, others have remained or returned home only to realize certain things in their personal lives have become more complicated.

Just as you rely on your fellow service team members, you need to find a divorce lawyer to support your legal needs. California has one of the lowest divorce rates, falling at 5.88 back in 2022, when the nationwide divorce rate was 7.1 per 1,000 people.

A lot goes into a standard divorce, but military divorces can add more confusing steps to the overall process. Additionally, each family comes with its own unique needs and challenges, which can have an impact on your divorce experience, making guidance from a family lawyer especially valuable. There are, however, some basic things that every military individual seeking a divorce should be aware of.

Here are some examples:

• Filing jurisdiction and residency requirements. If you are filing for a divorce in California, you or your spouse must be either a resident of the state or currently stationed there.
• The Servicemembers Civil Relief Act. There is a federal law known as the Servicemembers Civil Relief Act, or SCRA, that prevents the court from making any default judgments when an active-duty member is unable to respond to or appear in person for divorce proceedings due to their duties. This protects servicemembers and allows for delayed proceedings, should the need arise.
• Child custody and support. In any divorce, the court will factor in a parent’s schedule and earning abilities when making its final custodial and child support decisions. This is the same for members of the military. What is in the best interest of the child is always the priority, so even though military service may complicate scheduling, the court will rule based on what the child needs.
• The 10/10 rule. According to the 10/10 rule, retirement pay can only be paid by the Defense Finance and Accounting Service if the parties were married for at least 10 years overlapping with 10 years of military service.
• The Uniformed Services Former Spouses’ Protection Act. Just like the SCRA, there are also laws that look out for those getting divorced from a service member, including the USFSPA, which allows California courts to treat military retirement pay as community property. This means that it can be divided between both spouses instead of going only to the service member.
• The 20/20/20 Rule. If you were married to a service member for 20 years, during 20 years of service, and 20 years overlapped, you may be eligible to receive full military benefits, such as base access and TRICARE.
• Timeline considerations. Due to scheduling conflicts and other complicated aspects of the process, military divorces can sometimes take longer than civilian ones and can be heavily influenced by deployment schedules.

Hire a Military Divorce Lawyer in Visalia, CA

Service members and their families already face enough risk, stress, and demands, and having the right lawyer walking you through your case can help you get the support and clarity you need.

Should your case require the additional help of the California family court system, you may end up spending time at the Tulare County Superior Court, Visalia Division. There, your lawyer can present your case and serve as your advocate.

FAQs About Visalia, CA Military Divorce Laws

Can I Represent Myself in My Military Divorce Process in California?

Yes, it is legal for you to represent yourself in your military divorce. However, many other individuals have found that it’s more beneficial to hire a Visalia military divorce lawyer. Not only can you get the clarity and guidance you need to navigate the legal system, but you can also reduce the level of stress you experience and increase the likelihood of achieving your desired outcomes.

How Much Does It Cost to Hire a Military Divorce Lawyer in California?

In the state of California, the cost of hiring a military divorce lawyer tends to vary from case to case due to the unique influence of certain factors. Some examples of these variables include who you hire to represent you, the amount of time your case needs to finalize the divorce, and the level of complexity that your case presents.

Does Being a Member of the Military Have an Impact on the Property Division Process in California?

Yes, the amount of time you or your spouse has spent in the military can impact the property division process. Depending on the duration of your service and marriage, certain military benefits may be subject to division. While California is typically a 50/50 division state, there may be certain stipulations to remain in line with military requirements.

How Long Will My Military Divorce Take to Be Finalized in California?

The amount of time a divorce requires tends to vary in civilian cases, and even more so in military divorces. Similar to the cost of hiring a lawyer, this is due to the influence of outside factors, such as the availability of both parties, deployment schedules, the complexity of the case, whether or not you have legal representation, the schedule of your local courthouse, and whether or not the divorce is contested.

Reach Out to Visalia Military Divorce Lawyer at Chase Family Law

Contact Chase Family Law today to schedule a consultation and discover how we can help you navigate your divorce. We work to develop a strategy to help you and your family build a future that fits your career and unique needs.