The Law Offices Of Joseph Torri
A California Family Law Firm
Call for Affordable Legal Services
Military divorces can differ from standard family law cases when it comes to domicile or residence requirements for filing, obtaining service upon an active duty spouse, compliance with military rules and regulations, and the division of the military pension, often the community’s largest asset. A firm understanding of these issues and others are necessary to successfully resolve your family law action.
The Law Offices of Joseph Torri assists clients who have various family law disputes, including child custody, visitation, child support, spousal support and divorce. The Joe Torri law firm is also acquainted with the various aspects of a military divorce and will assist clients in dissolving their marriage through military protocol.
A military divorce handles some of the same issues as a divorce that does not concern members of the military. These issues include:
California is a no-fault divorce state, so the divorce can proceed if only one party wants the divorce and the party does not have to provide proof for the reasoning of the divorce. California is a community property state and will generally divide all debts and assets evenly among the spouses. To receive assistance from a military divorce attorney, contact the Law Offices of Joseph Torri.
Military divorces differ from other types of divorces in several ways. California has a residency requirement before a resident can file for divorce that requires that the resident has lived in California for at least six months and in the current county for three months.
An individual can file for divorce in the state in which he resides, the state in which the military member is stationed or the state in which the other party resides. There are also provisions regulating service of process. According to the Servicemembers Civil Relief Act, a member of the military does not have to take part in divorce proceedings during the time that he or she is on active duty and for 60 days thereafter.
The federal government has an interest in protecting the mindsets of military members and wants these individuals to focus on their survival and the nation’s safety. Additionally, military divorces are often concerned with military pensions. The Uniformed Services Former Spouses Protection Act supersedes California’s community property rules and governs how the pension will be calculated and divided among the spouses.
A skilled military divorce lawyer is knowledgeable about the various state and federal laws that influence a divorce proceeding and how these laws interact with each other. An experienced military divorce lawyer can explain how these laws function and what your particular interest in marital assets is likely to be. Joe can also assist you in identifying other assets, working on a custody agreement and reaching an amicable agreement with your spouse. If you are on active duty, an attorney can help you complete a request for a stay to delay the divorce proceedings until you are no longer on active duty.
The Law Offices of Joseph Torri can help you with each of these matters and ensure that your rights are represented throughout the legal process.
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