San Bernardino Military Divorce Lawyer

Your Rights as a Service Member

Military divorces do not differ dramatically from civilian divorces. They will still have to contend with issues of residency requirements, property division, spousal support, child custody and child support, among other legalities. When one partner is on active duty in the military, however, there are some special exceptions made to accommodate his or her service. To learn more about these exceptions, please call the Law Offices of Michael R. Young to discuss your case with an experienced San Bernardino divorce attorney.

Military Divorce in San Bernardino, Temecula and Riverside

The Soldiers and Sailors Civil Relief Act (SSCRA) gives active members some latitude when responding to a divorce summons. Whereas civilians must respond to a summons within the indicated time frame, a judge may allow service men and women who are on active duty to postpone the divorce proceedings until 60 days after returning. If the divorce is uncontested, the spouse on active duty may choose to sign a waiver affidavit and complete the divorce process.

Another consideration particular to military divorce is the residency requirement. In order to obtain a divorce in California, either your spouse must meet the residency requirements for divorce or you must be stationed in California. Military benefits must also be addressed, as the non-military spouse will lose his or her shared retirement benefits if they were not married for at least 20 years, if the spouse in the military did not perform at least 20 years of service or if there is not 20 years of overlap between the marriage and the military service. It is also important to review applicable military rules and regulations. Call our office today to arrange a case consultation at no charge!

Contact a San Bernardino military divorce attorney if you are an active service member and you are going through a divorce.