Glendale Military Divorce Lawyer
Serving Military Members & Their Families
Holmes & Holmes is your trusted legal partner for navigating the complex terrain of military divorce in California. Our experienced team of lawyers specializes in military divorce cases, offering personalized guidance and unwavering support during this challenging time. We recognize that military divorces come with unique challenges and requirements and are here to help you through every step.
Call Holmes & Holmes today at (818) 284-6632 or contact us online to schedule a meeting with our military divorce attorney in Glendale!
Military Divorce Requirements in California
Specific laws and regulations govern military divorces in California. To initiate a military divorce, you or your spouse must meet the residency requirements of California. Typically, either you or your spouse must have been a resident of the state for at least six months and a resident of the county where you plan to file for divorce for three months.
Additionally, California follows the "no-fault" divorce system, which means you don't have to prove any wrongdoing by your spouse to obtain a divorce. You can simply cite "irreconcilable differences" as the reason for the divorce.
When it comes to property division, California follows the community property model, which means that all assets and debts acquired during the marriage are generally considered community property and are subject to equitable division. This applies to military pensions, often significant assets in military divorce cases.
Child custody and support issues are also crucial aspects of military divorce. The court will consider the child's best interests when deciding custody and support arrangements.
Our team at Holmes & Holmes is well-versed in these California-specific requirements and can guide you through the process to ensure your military divorce proceeds smoothly and fairly.
What is the Difference Between a Military Divorce and a Regular Divorce?
Military divorces differ from regular divorces in several key ways:
- Jurisdiction: Military divorces may involve jurisdictional issues, as military personnel can be stationed in different states or overseas. Determining the proper jurisdiction for filing the divorce is crucial.
- Military Benefits: Military divorces often divide military benefits, including pensions, health care, and survivor benefits. These assets require a thorough understanding of military regulations and their impact on the divorce settlement.
- Deployment and Custody: Military service members' deployments can complicate child custody arrangements. It's essential to address how deployments will impact custody and visitation schedules.
- Service of Process: Serving divorce papers to a spouse on active duty can be challenging due to their unpredictable schedules. Special rules apply in such cases.
- Support Calculations: Calculating child and spousal support can be more complex in military divorces, considering factors such as housing allowances and other military-specific income sources.
At Holmes & Holmes, we have extensive experience handling these unique aspects of military divorce cases. Our team understands the intricacies involved and can help you navigate them effectively.
How Long Does a Military Divorce Take?
The duration of a military divorce in California varies depending on various factors, including the complexity of the case and the willingness of both parties to cooperate. Generally, a military divorce may take several months to over a year to resolve. Key factors that can affect the timeline of a military divorce include:
- Residency Requirements: Meeting the California residency requirements is the first step, which can add a few months to the process if not already met.
- Filing and Response: The other party has a specific response timeframe once the divorce petition is filed. Delays can occur if the response is not timely.
- Discovery and Negotiation: The process of gathering information and negotiating settlements can take several months, especially if significant assets or contentious issues are involved.
- Court Docket: The court's caseload and scheduling may also affect the timeline. Some courts may have more significant delays than others.
- Uncontested vs. Contested: An uncontested divorce, where both parties agree on all issues, typically takes less time than a contested divorce, which requires court intervention to resolve disputes.
Our dedicated legal team at Holmes & Holmes works diligently to expedite the divorce process whenever possible, ensuring that your rights and interests are protected throughout the proceedings.
Contact Our Glendale Military Divorce Attorney Today
In the challenging journey of military divorce, having a knowledgeable and experienced legal team by your side is crucial. Holmes & Holmes is here to guide you through California's unique complexities of military divorce. We understand the specific requirements, differences, and potential challenges that military divorce cases present. Our commitment is to provide you with the support and advocacy you need to achieve a fair and equitable resolution.
Contact Holmes & Holmes today to schedule a consultation with our military divorce lawyer in Glendale!
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