Los Angeles Military Divorce Attorney Ready To Fight For You

Divorce is never easy, and when one or both spouses serve in the military, the process has unique legal factors that differ from civilian divorces. I am military divorce attorney Teresa Beyers, and at my Los Angeles firm, The Law Offices of Teresa A. Beyers, I help military spouses find fair resolutions.

Military divorces often involve complex issues like the division of military benefits and unique custody arrangements. I have over 20 years of legal experience in these matters, protecting the rights of military spouses.

How Do Military Divorces Differ From Civilian Divorces?

Federal rules govern military divorces that civilian courts must follow. These federal laws dictate how California courts address specific issues. The primary differences involve jurisdiction, service of process and the division of retirement pay.

• Jurisdiction: The Uniformed Services Former Spouses’ Protection Act (USFSPA) authorizes state courts, including California courts, to exercise jurisdiction over a service member in a divorce if the member’s legal residence, domicile or consent is established within the state. State law then sets the specific residency requirements for filing for divorce.
• Service of process: The Servicemembers Civil Relief Act (SCRA) protects active-duty personnel from being sued while on deployment. Under the SCRA, the service member must formally apply for a stay, providing a written statement and a letter from their commanding officer that demonstrates how their military duties materially affect their ability to appear in court. If these conditions are met, the court must grant a stay for at least 90 days.
• Division of military retirement: The USFSPA allows California courts to treat a military member’s disposable retirement pay as community property subject to division of military benefits during the divorce.

Even with these specific federal rules, the California Family Code still applies to core divorce issues, including child support, spousal support, and the creation of fair child custody and visitation schedules. As a military divorce lawyer, I use my deep knowledge of these processes to protect your rights and interests under both state and military rules.

What Benefits Are Available For Military Spouses?

A former spouse may be eligible for certain benefits, depending on the length of the marriage and the military member’s service. The 20/20/20 rule is a crucial consideration. Under the rule, a former spouse may retain full medical coverage (TRICARE) and commissary privileges unless they remarry or are covered by an employer-sponsored health plan.

If a former spouse meets the 20/20/15 rule, they receive one year of transitional TRICARE medical coverage starting from the date of the divorce. However, they are not eligible for commissary or exchange privileges. These benefits are separate from the division of military benefits through the USFSPA.

How Does Deployment Affect The Military Divorce Process?

A service member’s deployment can significantly impact the timeline of a military divorce. As a protective measure, the SCRA allows active-duty service members to request a stay of the legal proceedings.

The court must grant a stay for at least 90 days if the service member formally applies and provides a written statement of material effect, along with a letter from their commanding officer confirming that their military duties prevent their appearance and leave is not authorized. This delay can affect everything from filing the initial petition to finalizing custody arrangements and relocation decisions.

California Family Code confirms that a party’s absence due to deployment is not, by itself, sufficient to justify modifying a custody order. Any temporary modification made during deployment carries a legal presumption that the custody order in place before the modification will resume upon the service member’s return, unless the court finds that it is not in the child’s best interest.

Contact A Military Divorce Attorney To Discuss Your Case

At The Law Offices of Teresa A. Beyers, I focus exclusively on family law matters, including finding equitable resolutions for military divorces. With more than two decades of legal experience, I provide thoughtful and effective representation. Contact my office by calling 213-933-6681 or filling out our convenient online form to request a free phone initial consultation.