Fresno Military Divorce Lawyer

Fresno Military Divorce Attorney

Members of the U.S. military put everything on the line to protect their country, but far too often, they return to find that life has changed, and they often have to seek the support they need in a wide variety of matters. The same goes for spouses left behind. If you have decided to get divorced, hiring a Fresno military divorce lawyer can help you get the representation and support you need.

An Overview of Military Divorce in California

Before you hire a Fresno military divorce lawyer, you may benefit from learning more about what makes military divorces different from standard civilian ones, as well as how hiring the right family lawyer for your case can help you pursue your desired outcomes and a bright future for your family.

The Department of Defense currently reports over 4.3 million members, which includes military officers and their families. While some couples may figure out a way to remain married, others find the distance, schedules, and the intensity of service too much to navigate.

California’s divorce rate remains low, falling to 5.88 in 2022. That same year, the nationwide divorce rate was 7.1 per 1,000 people. But it’s still common.

A divorce lawyer can walk you through the various steps of the process, which differ in some ways from civilian divorce proceedings. Before you start, you will need to be certain that, if you are filing for divorce in California, you or your spouse must either be considered a resident of the state or be currently stationed there.

Here are some other examples of things you may want to be aware of when starting your military divorce process:

The Service members Civil Relief Act

The Service members Civil Relief Act (SCRA) is a federal law that, in order to protect deployed service members, prevents the court from defaulting to any standard divorce decisions while an active-duty member is unable to respond due to their duties.

Property Division, the 10/10 Rule, and the 20/20/20 Rule

While California is typically a 50/50 state when it comes to dividing community property, military families have additional requirements regarding property division, including the following:

• The 10/10 Rule. If you and your former spouse were married for at least 10 years that overlapped with 10 years of military service, your retirement can be paid by the Defense Finance and Accounting Services to all eligible individuals.
• 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, your civilian spouse may be eligible to receive full military benefits, such as base access and TRICARE.

Hire a Military Divorce Lawyer in Fresno, CA

When you choose to hire a military divorce lawyer, you can gain access to a wide array of benefits that can help you with your divorce. One such benefit is that they can represent you at the Fresno County Superior Court, specifically the Family Law Division, which is located at the B.F. Sisk Courthouse.

Choose Chase Family Law to Represent You

At Chase Family Law, we are prepared to offer our support as you pursue your military divorce. We understand how difficult it can be and firmly believe that those who defend our country should receive the same dedication from citizens when navigating their personal lives.

With over 30 years of legal experience, attorney Brian N. Chase brings the advocacy, clarity, knowledge, and resources you need to sort out the future of your family.

Come find out why so many of our clients walked away happy with their results and see how we can help you achieve the same outcome.

FAQs About Fresno, CA Military Divorce Laws

Can My Non-Service Member Spouse Push a Divorce Through While I Am Deployed?

While it is legal for your spouse to file for divorce while you are away on deployment, nothing can be finalized without your involvement. This is because of the Service Members Civil Relief Act, which protects soldiers from situations where they are unable to participate to the same degree or on the same timeline as the standard divorce process. Your lawyer can also help remind the court and your former spouse of this as the case gains motion.

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

In California, it is common for civilian divorce timelines to vary based on the unique influence of certain variables. The same goes for military divorces, except that the number of variables increases, meaning that the amount of time your case needs to be finalized may be impacted by deployment schedules, the complexity of your case, the availability of all parties, the schedule of your local courthouse, and other outside factors.

Is My Civilian Former Spouse Entitled to Some of My Military Retirement in California?

It is possible that your spouse could be entitled to half of your military retirement should it meet certain requirements. The Uniformed Services Former Spouses’ Protection Act has made it so that spouses may be eligible for this retirement if they were married to you for a certain length of time, and that time overlapped with your time in the service. Your lawyer can help you discern whether or not this applies to your unique situation.

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

Similar to the amount of time needed to finalize a divorce, the cost of hiring a military divorce lawyer varies in California. Some of the more influential factors include who you hire to represent you, the amount of time your case needs to be finalized, and the level of complexity it presents.

Contact A Fresno Military Divorce Lawyer at Chase Family Law Today

If you’re a member of the armed forces and you’re facing a divorce, Chase Family Law can help. Our team understands the unique challenges military families face, including deployments, the military benefits division, and issues with jurisdiction. We’re available to answer your questions 24/7 to discuss your case and legal options. Contact Chase Family Law today to schedule a consultation with our Fresno military divorce lawyer.