Divorce is a harsh word to hear and a tough process to endure. And when one or both divorcing spouses have served in the military, divorce may come with added layers of complexity. At the Law Offices of Ali Yousefi, P.C., we understand these challenges and are here to help.
If you are looking for an effective divorce lawyer for veterans, call us. We have worked with many service members. Our San Mateo divorce attorney knows the law. More importantly, our top-rated team knows how to guide you through this process with confidence and compassion. Whether you are active-duty, retired, or a military spouse, we can help you protect what matters most.
Key Takeaways: Divorce Attorney for Veterans in California
Military service adds real complexity to a California divorce, and knowing these basics can help you protect your rights.
- Deployment alone cannot be used to deny you custody or visitation under California law.
- Military retirement pay is generally divided as community property when service and marriage overlapped for 10 years or more.
- The 20/20/20 rule can preserve a former spouse’s TRICARE and other military benefits after divorce.
- The Servicemembers Civil Relief Act can delay proceedings to protect deployed service members from default judgments.
You Served. Now Let Us Serve You.
Divorce is hard enough without adding military benefits, deployment schedules, and retirement pay into the mix. Our team understands the added layers veterans and service members face, and we’re here to help you get through this with clarity and confidence.
Schedule A Free ConsultationWhat Does a Typical Divorce in California Cover?
Before we dive into the unique aspects of a military divorce, let’s look at what a typical divorce in California includes.
Property Division
California is a community property state, meaning most property acquired during a marriage is divided equally between spouses. Property subject to division may include:
- Real estate,
- Bank accounts,
- Retirement benefits,
- Personal property,
- Investments,
- Rental income, and
- Business interests.
Given the unique benefits you receive as a military veteran, you can see how a divorce may quickly become challenging for a service member.
Spousal Support
Also known as alimony, spousal support is what one spouse may have to pay the other during or after a divorce. Spousal support is not automatic in every case, and the divorce court decides who receives payments based on:
- The income of each spouse,
- How much each spouse contributed to the marriage,
- The earning capacity of each spouse,
- The financial needs of each spouse,
- Each spouse’s age and health,
- The financial resources each spouse has,
- The length of the marriage, and
- Whether there is a history of domestic violence in the marriage.
The Law Offices of Ali Yousefi works hard to help ensure spousal support orders are fair and favorable to our clients.
Child Custody and Visitation
Custody decisions include the following:
- Physical custody—where the child will live;
- Legal custody—each parent’s right to make important decisions about the child’s life; and
- Parenting time—what type of visitation rights each parent will have.
The court bases these decisions on what is in the child’s best interest, which depends on the child’s needs, each parent’s ability to care for the child, and the parents’ ability to cooperate with each other.
Child Support
Parents have a legal obligation to physically and financially care for their minor and special needs children, so child custody and child support go hand in hand in a divorce case. California law calculates child support by using both parents’ income and the amount of time they spend with their child.
Now that we have covered the basics of a California divorce, let’s discuss what a divorce might mean for a veteran.
How Military Service Changes the Divorce Process
Military families face unique circumstances that can affect how a court might handle each divorce issue. Our firm’s California military divorce attorney can guide and protect you through the following.
Continuation of Military Benefits
Former military spouses may retain certain privileges, including access to:
- Commissary,
- Medical,
- Exchange, and
- Theater.
A former spouse typically receives these benefits only if they remain unmarried and are eligible under the 20/20/20 rule.
The 20/20/20 rule allows these privileges only if:
- The marriage lasted at least 20 years;
- The service member served for at least 20 years that are creditable for retirement pay; and
- The spouse was married for at least 20 years during the military member’s service.
Former spouses may also qualify for TRICARE medical coverage if at least 15 years of their 20+ year marriage overlap with the military member’s 20+ years of service.
Payments from Retirement Funds
If you are a veteran, your retirement benefits are likely a major divorce concern. The court may divide your retirement pay between you and your spouse. Still, the law typically limits this type of division to marriages and military service that overlapped for at least 10 years. And no matter how long your marriage lasted, the court may also use your disposable retired pay to calculate child and spousal support payments.
Custody and Visitation for Active Members
Child custody is one of the most emotionally charged parts of any divorce. For military families, deployment, relocation, and unpredictable schedules can make a custody dispute even harder.
Under California’s Family Code, courts may not use military deployment alone as a reason to deny custody. The law protects service members from losing parental rights just because they serve their country.
Still, military parents must often deal with:
- Long-distance parenting plans,
- Temporary custody orders, and
- Delegation of visitation during deployment.
Our California military divorce attorney helps military parents create custom custody plans that put the child’s best interest first while also being realistic about service obligations.
Procedural Protections for Military Members
Timing can be everything in a divorce proceeding. To help avoid unfavorable court orders, you should respond promptly to court paperwork and attend every court proceeding. However, quick responses to legal matters are difficult when you have military obligations.
Fortunately, the Servicemembers Civil Relief Act (SCRA) can delay court proceedings while a service member is deployed or unable to appear because of their duty. The SCRA can also protect you against a default judgment if your military service prevents a timely response to court paperwork. These protections don’t mean you can avoid divorce, but they help ensure that your rights are respected and that your duties don’t unfairly impact your case.
Need Help With a Military Divorce? Contact Us Today
Why You Need a Divorce Lawyer for Veterans
You have served your family and your country, and now it’s time to make sure your interests are protected. Our divorce lawyer for veterans can help:
- Identify and protect your benefits. We help you understand and navigate your military entitlements.
- Safeguard what you’ve earned. We fight for a fair division that honors your service and safeguards your assets.
- Plan for the long-term. We work with you to develop custody and financial plans that work today and tomorrow.
- Advocate for you. We can be with you every step of the way, whether you’re stationed overseas or adjusting to civilian life.
Divorce is a financial, legal, and emotional matter; we can provide the support you need.
Deployment Doesn’t Have to Cost You Time With Your Kids
Worried about how your service will affect custody or visitation? California law protects your parental rights even during deployment. Reach out to our team to talk through a parenting plan that works for your family and your service.
Schedule A Free ConsultationWe Serve Those Who Served
At The Law Offices of Ali Yousefi, P.C., we’re proud to serve the men and women who’ve served our country. We know California family law. We understand the challenges military families face. And we’re committed to helping you move forward with confidence. Our award-winning team brings deep experience and a steady hand to every case.
If you’re a veteran or active-duty service member facing divorce, don’t go it alone. Work with a team that understands the military, respects your service, and protects your rights. Call or contact us online today to schedule a consultation.
Military Divorce in California: Quick Answers
No. Under California law, military deployment alone cannot be used to deny you custody or visitation. Courts can put temporary orders and long-distance parenting plans in place so your parental rights are protected while you fulfill your service obligations.
Military retirement pay is generally treated as community property and can be divided between spouses, typically when the marriage and creditable military service overlapped for at least 10 years. The portion available for division is based on the service member’s disposable retired pay.
It depends on how long the marriage overlapped with military service. Under the 20/20/20 rule, a former spouse may keep full commissary, exchange, and TRICARE benefits if there was at least 20 years of marriage, 20 years of creditable service, and 20 years of overlap between the two.
Yes. The Servicemembers Civil Relief Act allows proceedings to be delayed when active duty prevents a service member from responding in time. This protection helps ensure deployed members are not hit with a default judgment simply because they could not participate in the process.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.