Los Angeles Military Divorce Lawyer

Divorces involving active and retired military service members often present an array of unique issues. Military divorce is familiar terrain for our legal team at Stolar Law Group, where you can count on our sensitivity to your personal priorities and our determination to protect your future to the greatest possible extent. Our firm is a powerful, results-focused resource for military personnel and military spouses in need of sensitive and caring representation.

JURISDICTION IN A MILITARY DIVORCE

One of the most prominent questions regarding military divorce is where you should file. This can be a complex question—especially when a service member is deployed.

In most cases, the military divorce action should be filed in the state where the two parties reside; this does not mean where the service member is currently stationed. For example, if the serviceman or woman is sent to another state, they may not be able to file for the divorce there as the court may view it as a temporary absence. However, the court may be able to argue that the serviceman or woman’s involvement in a case gives consent and gives recognition of local laws.

SERVICE MEMBERS CIVIL RELIEF ACT (SCRA)

The Servicemembers Civil Relief Act (SCRA) is a federal law designed to protect all of those who are in active military service from being sued. This does not stop a civil lawsuit from happening—such as a divorce action—but it does give the service-member a chance to either delay the legal action or participate in a different way, such as through video conference.

UNIFORMED SERVICES FORMER SPOUSES PROTECTION ACT (USFSPA)

There are countless issues that occur when a member of the military and his / her spouse choose to end their marriage that make it more complex than a civilian divorce. Most of these concerns are centered on eligibility for the commissary, exchange and health care benefits, as well as the service member’s retired pay. These are addressed by the Uniformed Services Former Spouses Protection Act (USFSPA), which helps divide pensions.

Under this law, the military disposable retired pay is treated as marital property and is thus eligible to be divided as such during the military divorce proceedings. Local courts can treat it exactly as they would treat a civilian pension plan; for example, it could be divided during property settlement.

How the military retired pay is divided will be based entirely on state law – The USFSPA includes the 10/10 rule. For this to be enforced during a divorce, the marriage in question must have lasted for at least 10 years during which military service was performed.

CONSULT A LOS ANGELES MILITARY DIVORCE LAWYER AT STOLAR LAW GROUP TODAY

The entire legal team at our Beverly Hills-based firm is committed to protecting military families’ stability and futures. Work with a Los Angeles military divorce attorney at our firm who is committed to fully understanding your goals and finding the best path to resolution of your military divorce.