×

Lemoore Military Divorce Lawyer

Home /  Lemoore Military Divorce Lawyer

Divorce is one of the most difficult family law issues to manage. This is even more true when military families are involved, as these cases bring unique circumstances that are not found in a traditional divorce, like the effects of deployment on a custody arrangement or dividing military benefits in a divorce. A Lemoore military divorce lawyer can help guide clients through these legal challenges to protect their rights and interests.

At Chase Family Law, we have a reputation for helping military family members address their unique circumstances during divorce. Our team is well-versed in the complexities of military regulations and benefits, enabling us to provide tailored legal solutions when compared with general family law attorneys. We will ensure that every detail of your case is handled with precision and care so you can move forward feeling as confident as possible.

What Are Common Military Divorce Disputes to Resolve?

Anyone in the military knows how the entity has its own set of state and federal laws that govern its actions on top of the specific demands of military service that most of the public does not understand. Below is a deeper dive into some of the most common disputes that might arise during your service and the complexities involved in resolving them.

Division of Military Benefits

One of the more contentious pieces of a military divorce is when it comes time to divide benefits. The Uniformed Services Former Spouse’s Protection Act governs how military retirement pay is divided during divorce. However, the process can be complicated to manage, as state laws often intersect with federal guidelines. Factors like how long a couple was married and whether the time overlaps with military service will ultimately determine a former spouse’s eligibility.

Custody and Parenting Plans

Creating custody arrangements and parenting plans for active-duty service members can be especially challenging. This is because unexpected deployments, frequent relocations, and irregular schedules can make it difficult to create a standard plan that can anticipate these challenges. This is why it’s important to develop a flexible parenting plan and contingency arrangements that make it easier to work with different deployment scenarios.

Child Support Calculations

There are several components that make up a military service member’s income. For example, Basic Allowance for Housing (BAH) is a monthly payment issued to service members to help them afford housing when there are no government quarters available.

It’s not uncommon for disputes to arise on whether or not income streams, such as BAH, should be included as part of a service member’s income. A military lawyer can help determine how these play a role in child support payments.

Relocation and PCS Orders

Whenever a service member receives an order to change their station, it can lead to legal disputes over the need to relocate. Non-military spouses may argue that the move will be too disruptive to a child’s life, like taking them out of school or away from an established doctor who is issuing important medical care. When this happens, the courts will typically evaluate whether relocation will harm a child or not and see how it affects the custodial parent’s ability to maintain stability.

Division of Marital Property

Military families are known to own some unique assets, like commissary or exchange privileges. These can be difficult to divide. In addition, deciding how to handle housing arrangements can also be a challenge, especially if the family lives in military housing. This is why it’s important to work with a knowledgeable attorney in this space to feel confident that all of your military assets have been properly evaluated and divided equitably.

Spousal Support

To determine how much spousal support is appropriate, the court will consider the service member’s income to determine their ability to pay. This can include their basic salary, allowances, and any bonuses they may receive as part of their performance. From the non-military spouse’s standpoint, the court will consider what sacrifices they may have made to support the service member’s career.

FAQs

What Legal Protections Exist for Service Members During a Divorce?

Service members are protected under the Servicemembers Civil Relief Act (SCRA), which is designed to delay divorce proceedings if any military duties arise that would prevent them from attending court. This helps to ensure that active-duty members are not unfairly disadvantaged due to the obligations they have to the military. These obligations are also considered when determining custody schedules and spousal support.

What Challenges Do Military Spouses Face During Divorce?

How Can Military Families Handle Joint Debt During a Divorce?

What Happens to the Family Home in a Military Divorce?

Contact Chase Family Law Today

If you are preparing to enter a divorce with ties to the military, you need to hire an attorney who has a strong understanding of this space. That is what makes us uniquely fit to represent your case at Chase Family Law. Contact us today to learn more about our unique understanding of military family law and how we can apply our experience to benefit your case today.

Testimonials

family law matters are complex and emotional

Chase family law provides the support and guidance you need