The military tends to create its own insular culture, and so it comes as no surprise that military divorces present unique legal and practical issues. To help you and your family arrive at a satisfactory result in your divorce proceedings, it is important to hire legal counsel that understands these special military circumstances.
The attorney at our firm is a former Marine as well as an experienced family law litigator. The following issues and scenarios may come up in your military divorce.
Child Custody and Child Support
A common scenario for military families is that one spouse stays home with the children while the other is in the service, possibly even deployed. This can create an imbalance when it comes to determining child custody and child support.
Often the non-service member will remain the primary caretaker of the children, and in some cases, a court may award more money in child support because the non-service member is doing a bulk, if not all, of the child rearing.
Property Division and Military Pensions
Courts often recognize the imbalance between spouses as it relates to asset division. In many cases, the spouse who stays at home to raise children will forgo schooling or stay out of the workforce. As a result, this spouse will have brought in less money during the marriage and will have less earning power when they do return to work.
A court may decide to require the service member to support the spouse while he or she goes back to school. A court may also determine that savings and retirement accounts funded by the servicemember be split.
Military pensions can be a large asset to the community. Service members who retire after at least 20 years receive a retirement pension until death. Typically, spouses are entitled to half of the pension if they were married for 10 years. These terms may be negotiable, however.
Another issue couples must resolve if they are living on a base is how living expenses will be paid for since one spouse will no longer be able to take advantage of military housing.
Contact a San Jose, CA Military Divorce Attorney
If you or your spouse is in the military and you are considering divorce, you should seek counsel with someone who understands the laws and considerations that affect your case as well as someone who is familiar with military culture and the practical realities that come with being in the service.
At the Dominion Law Group, LLP, we pride ourselves in offering thorough legal representation to those serving our country. We work hard to get our clients the best results possible for them and their families. Call our seasoned San Jose, CA military divorce attorney at 408-288-5592.
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