Military Divorce Lawyer in Newport Beach
Choose The Law Offices of Marc E. Mitzner
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
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
The military member or their spouse can file for divorce in one of three ways:
- In the state where the spouse currently resides.
- In the state where the military member is currently stationed.
- 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 the 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.
Fill Out a Case Evaluation Today
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.