Military Divorce Lawyer in San Jose, CA

Expert Legal Guidance for Military Divorce Cases

Divorce is never easy, and for military families, the process comes with unique legal and logistical challenges. If you or your spouse is an active-duty service member or veteran, you need a knowledgeable attorney who understands the complexities of military divorce. At the Law Offices of Nick Cvietkovich, we understand the unique challenges that come with military divorce. Our experienced team is dedicated to providing comprehensive legal support to service members and their families in San Jose, CA. Navigating the complexities of military divorce requires specialized knowledge and a strategic approach, and we are here to ensure your rights and interests are protected throughout the process.

Call the Law Offices of Nick Cvietkovich today at (408) 844-4016 or contact us online to schedule a meeting with our San Jose military divorce attorney!

Understanding the Military Divorce Legal Process

The military divorce process involves distinct legal considerations that differ from civilian divorces. Service members and their spouses must address issues such as jurisdiction, division of military benefits, and compliance with federal regulations. Our firm is well-versed in these complexities and can guide you through each step, ensuring that all legal requirements are met. We provide detailed consultations to help you understand your options and develop a tailored strategy for your case.

How Military Divorce Differs from Civilian Divorce

While military divorces follow the same basic legal process as civilian divorces, they involve additional legal considerations due to service-related obligations and federal regulations. Understanding these differences is crucial for ensuring a smooth and fair divorce process.

Key Differences in Military Divorce:

• Jurisdiction Issues – Service members may be stationed in different states or even overseas, affecting where the divorce can be filed.
• Servicemembers Civil Relief Act (SCRA) – Protects active-duty military members from default judgments in divorce proceedings if they are unable to respond due to deployment.
• Military Pension Division – Governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA), which outlines how military pensions are divided in a divorce.
• Child Custody Challenges – Deployment, relocation, and military duties can complicate child custody and visitation agreements.
• Healthcare & Benefits – Determining eligibility for TRICARE, survivor benefits, and other military-related benefits after divorce.

Our firm is well-versed in these complexities and will work diligently to protect your interests while ensuring compliance with all military and civilian legal requirements.

Filing for Military Divorce in California

1. Determining Jurisdiction

Unlike civilian divorces, where the residency of both spouses typically determines jurisdiction, military divorces may involve multiple state and federal laws. Generally, a military divorce in California can be filed if:

• Either spouse is a resident of California.
• The military spouse is stationed in California.
• The couple was married in California and has maintained residency.

2. Serving Divorce Papers

Under the Servicemembers Civil Relief Act (SCRA), active-duty military members are granted legal protections that may delay divorce proceedings if they are deployed or unable to respond. This prevents default judgments from being made against them while they are serving.

3. Division of Military Benefits

One of the most complex aspects of military divorce is the division of military pensions and benefits. The Uniformed Services Former Spouses' Protection Act (USFSPA) provides guidelines for how military pensions are divided.

• 10/10 Rule – A former spouse may receive direct payments from the Defense Finance and Accounting Service (DFAS) if the marriage lasted at least 10 years and overlapped with 10 years of military service.
• 20/20/20 Rule – If a couple was married for at least 20 years, and the military spouse served at least 20 years of active duty with 20 years of overlap, the non-military spouse may retain full TRICARE and military benefits.
• 20/20/15 Rule – In some cases, limited medical benefits may be available for ex-spouses who do not meet the 20/20/20 rule.

4. Child Custody & Support Considerations

Military service members often face challenges in maintaining a stable custody arrangement due to deployment and relocation. In California, courts prioritize the best interests of the child, taking military duties into account when determining custody and visitation arrangements.

• Family Care Plans – The military requires service members with dependents to create a Family Care Plan, which may influence custody decisions.
• Temporary Custody Orders – Courts can issue temporary orders that allow for flexibility if a military parent is deployed.
• Child Support & BAH (Basic Allowance for Housing) – Military pay and benefits, including BAH, may be considered when calculating child support obligations.

Why Choose the Law Offices of Thomas Nicholas Cvietkovich?

When handling a military divorce, it is essential to work with an attorney who understands both California divorce laws and federal military regulations. At the Law Offices of Thomas Nicholas Cvietkovich, we offer:

• Extensive Experience in Military Divorce Cases – We are well-versed in the unique challenges of military divorces and how to navigate them effectively.
• Knowledge of Military Benefits & Pension Division – Our firm ensures a fair and equitable division of assets, including military pensions and retirement benefits.
• Customized Legal Strategies – We tailor our approach to meet the needs of military families, whether you are an active-duty service member or a military spouse.
• Compassionate & Client-Focused Service – We understand the emotional and financial stress of divorce and are committed to providing supportive and strategic representation.

Whether you are stationed in California or facing a long-distance divorce due to deployment, we are here to help you achieve a fair and efficient resolution.

Contact Our Military Divorce Lawyer

If you are facing a military divorce, it is crucial to seek experienced legal counsel. Contact the Law Offices of Nick Cvietkovich in San Jose, CA, to schedule a consultation with our knowledgeable military divorce attorneys. We are committed to providing the guidance and support you need to navigate this challenging time. Contact us today to learn more about how we can assist you in your military divorce case.

Call the Law Offices of Nick Cvietkovich today at (408) 844-4016 or contact us online to schedule a meeting with our San Jose military divorce attorney!