Hanford Military Divorce Lawyer

No matter the circumstances, divorce cases are difficult, and when one or both spouses are members of the United States military, the process can come with additional complications. Military life can be stressful enough, but when a divorce is added to that stress, the emotional tension can increase and place immense pressure on all parties involved. In these situations, the help of a Hanford military divorce lawyer can prove essential.

At Chase Family Law, our family law attorney has over 30 years of experience and has handled thousands of family law cases. Experience makes a difference, especially in complicated situations like military divorces. Our family law attorney is dedicated to providing all clients with compassionate and detail-oriented legal counsel and representation. Chase Family Law can ensure that the counsel offered to you is tailored to your military divorce.

Defining a Military Divorce in Hanford, California

In California, divorce requirements generally apply to civilians residing in the state and military personnel who want to file for divorce. One of both spouses must reside in the state for at least six months before filing the divorce petition; however, certain provisions apply to members of the United States military. At Chase Family Law, our attorney can guide you through these provisions.

Military divorces offer complexities that set them apart from most civilian divorce cases. Most military cases are set apart due to unique issues, such as military pensions, housing allowances, deployments, and child custody arrangements, which must consider the mobility of military service members, not to mention the complications offered by both state and federal laws involved.

Because of these differences, the knowledge of a military divorce lawyer is essential. Thankfully, certain state and federal laws have allowed the process of a military divorce to be much easier than it was in the past. The state of California, however, still operates under certain laws that apply to service members who are deployed or living overseas, and the divorce process as a whole may vary depending on the location of the spouse in the military.

In most situations, the spouse on active duty must be personally served with a summons for a court in California to have jurisdiction over them. If the divorce is uncontested, or the couple agrees on how to go about certain divorce issues, like property division or child custody, the active-duty spouse may not need to be served if they signed an affidavit that acknowledges the divorce action.

No matter the situation, however, military service members are typically protected from failing to respond to a divorce action filed by their spouses when they are not aware of it. One or both of the following statements must be true to initiate a military divorce in California:

• You or your spouse is a current resident of California
• You or your spouse is currently stationed in California

There are several aspects of a typical divorce case that may still affect a military divorce, including the following:

• Property division. California community property division laws apply to military divorces that occur in the state. This means that all property will be divided into community property (that which was acquired during the marriage), and separate property, (that which was obtained prior to the marriage). Separate property can also include any gifts or inheritances that were given to one spouse during the marriage.

• Child support and spousal support determinations. The state of California does not allow child or spousal support payments to exceed a certain percentage of the pay the military spouse earns. In the case of a military divorce, due to the fact that military benefits and pay are different from those of civilians, the courts can take extra measures when they determine how much support will be involved.

How Chase Family Law Can Guide You Through a Military Divorce

At Chase Family Law, we understand that military divorce cases can have additional complications, and we strongly believe that each case needs its own unique, strategic approach. When you work with our family law attorney, you can expect our guidance at the following stages of a military divorce:

• Initial consultation. Your divorce process will begin when you enter the doors of Chase Family Law and sit down with our attorney for an initial consultation. During this meeting, our attorney can listen to your side of the story, review your case, and explain the legal process that lies ahead of you.

• Divorce filing. Our attorney can assist you with your paperwork and divorce petition, ensuring it is properly filled out and filed with the correct court system.

• Serving of papers. If your spouse happens to be stationed overseas or is in an area or situation that makes it difficult to serve them the necessary papers, Chase Family Law can work in accordance with applicable laws to ensure your spouse is served in the proper manner.

• Temporary orders. If necessary, our family law attorney can help with acquiring temporary court orders for things like child custody or alimony while your divorce case is in process.

• Property division. Chase Family Law can help with the property division aspect of your case by working to ensure that the division is fair and includes all pensions, housing allowances, military benefits, and other assets that apply in military divorce cases.

• Child support and custody. Chase Family Law can help develop an arrangement pertaining to child support and custody and take into account any possible relocation or deployments that may come into play.

• Negotiation and settlement. Our family law attorney is a skilled negotiator and can work to find common ground or compromise with your spouse’s legal team as we strive for a fair and amicable settlement.

• Trial. In some cases, an official trial may become necessary. Our family law attorney is fully prepared to advocate for your rights in court before a judge.

Speak With a Family Law Professional Today

If you are a member of the United States military or a military spouse seeking a divorce, the military divorce lawyer at Chase Family Law is here to assist you. Contact the office today to schedule your initial consultation and learn more.