Military Divorce Law in Riverside

If you are considering a divorce and you are in a branch of the military, you will want to hire a Military Divorce Lawyer in Riverside, CA. You should know that because of your special needs, not every lawyer is qualified to represent you properly. If at all possible, you will want to hire an attorney who has handled military cases in the past. At Herreman Law Firm we have handled many military divorce cases, and we feel extremely qualified to represent you.

About Divorce While in Military

Military Divorce, or Divorce While in Military, is a divorce where one (or both) of the parties (the "service member") is active duty military, reserve or guard, or retired military.

Military couples will go through the same procedural process when divorcing, as their civilian counterparts. But they must also be aware that there are other factors that the typical civilian couple will not have to address. These factors may prolong the process because of the very nature of one of the party's military service; such as a permanent station overseas, or an active duty assignment in a remote area of the world.

Military members have legal protection from divorce proceedings that are not established for civilians. Under the Service Members Civil Relief Act military members may be protected from lawsuits including divorce proceedings so they can devote their entire energy to the defense needs of the Nation.  Therefore a court can delay legal proceedings for the time that the service member is on active duty and for up to 60 days following active duty.

Division of most marital property and assets is dependent on the laws of the state in which the petition for divorce is filed. Military pension is different and is governed by the Uniformed Services Former Spousal Protection Act. The USFSPA authorizes direct payment of a portion of a military retirees pay to the former spouse and extends some base privileges to certain former spouses.

All military members have a duty to provide support for their children, as well as their spouses, so their wages may be garnished in order to ensure the payment of proper support.

One thing to consider in a military divorce, that is different than a civilian divorce, is the fact that military commanders have certain authority to pressure or punish military spouses who do not pay court ordered maintenance or child support. As experienced Riverside divorce lawyers who specialize in militay divorce we keep up to date with all current laws that affect these types of divorces.

Military Divorce Lawyer in Riverside, CA

Military divorce can be initiated and tried in the state of residency of either spouse, or in the state where the active military member spouse is stationed. Laws vary from State to State, so it is a good idea to consult with an experienced military divorce attorney before making any decisions that may negatively affect the possible outcome.

At Herreman Law Firm our lawyers and support team are dedicated to getting the best outcome in your military divorce case. We are qualified and experienced in related issues and California law. Contact us today via one of the many contact forms on this site, or by calling us on our local or toll-free number. We are a well known ad respected Riverside Divorce Attorney and we specialize in military proceedings.