Military Divorces

Certified Specialist - Family Law

Military Divorce Lawyer in Newport Beach

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Military divorce is a unique type of divorce, complete with a different set of rules and regulations pertaining to the residency of each spouse and division of military pension. A military divorce permits the state courts to divide retirement benefits according to the Uniformed Services Former Spouses' Protection Act (USFSPA). What this means is that the state courts, which grant the divorce, may treat retirement pay as property and award up to 50% of the fund to a former spouse.

Because of the distinct standards surrounding military divorce, it is advisable that you seek legal representation from an experienced Newport Beach divorce attorney who knows how to handle cases like yours. If you choose The Law Offices of Marc E. Mitzner to handle your military divorce, you will receive insight from a certified family law specialist every step of the way. Our goal is to provide you with compassionate advice and trustworthy guidance, all while ensuring you receive a favorable outcome.

In need of effective representation? Contact us today!

How do I file for a military divorce?

While typical divorce laws require a couple to file in the state that they have been residing in for a certain period of time, military members often face challenges with this. As many are stationed in areas for a brief time or deployed overseas, it can make filing for divorce more difficult under regular laws. That is why there are unique laws created to accommodate these differences.

The military member or their spouse can file for divorce in one of three ways:

  1. In the state where the spouse currently resides.
  2. In the state where the military member is currently stationed.
  3. In the state where the service member has claimed legal residency.

Once the papers have been successfully filed, the terms and conditions of the divorce should adhere to the laws of the specific state in which they were filed.

What is included in USFSPA?

Under The Uniformed Services Former Spouses' Protection Act (USFSPA), a former spouse can receive a portion of the service member's retirement funds. It makes provisions for child support and alimony to be awarded. Since it is considered property, the payment continues even after the remarriage of the non-military spouse.

For a spouse to receive retirement pay, the service member must have served for no less than 20 years. However, the marriage only needs to have lasted for at least 10 years, during which time the military member performed at least 10 years of credible military service. There is no time limit for a former spouse to make a claim for a portion of the retirement funds of their former military spouse.

What is protected under Civil Relief Act?

According to the Service Members Civil Relief Act, members of the military are given special protection from lawsuits. The intention behind this act is to ensure that service members are given the opportunity to devote all of their energy to the needs of their nation. As such, the courts can legally delay any and all legal proceedings, including divorces, if they deem it necessary.

A divorce proceeding can be delayed for up to 60 days following their active duty to ensure they are able to not only complete their duty, but also get fair treatment in a divorce settlement.

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With an experienced and dedicated Newport Beach military divorce attorney, you can be confident that your case will be handle efficiently and in a favorable manner. At the Law Offices of Marc E. Mitzner, we have handled thousands of family law cases in the past. Our legal team is devoted to providing a superior level of service for your case.

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