San Jose Military Divorce Attorney
If you are in the military and seeking a divorce, you’ll find that the process is complicated – even more so than an ordinary divorce. That’s because military couples are not together on a daily basis like most other couples. They may spend months apart at a time.
Because of this, there are many differences in the process. For example, determining child custody can be complicated if the military spouse does not know when they will be home to watch the child. Even determining jurisdiction can be complex. Where does one even file for a divorce if they don’t really have a place to call home?
Military divorces come with unique circumstances and challenges. If you have questions about the process, contact a San Jose military divorce attorney from Foster Hsu, LLP today.
Considerations in a Military Divorce
A military divorce comes with considerations such as the following:
- Military personnel often face frequent deployments and relocations, which can strain a marriage. This adds complexity to divorce proceedings, as one or both spouses may be stationed in different states or even countries at the time of divorce filing.
- Child custody. Deployment can complicate child custody arrangements. A parent’s military service obligations may affect their ability to fulfill custody responsibilities, and plans must be made for care during deployments or training exercises.
- Jurisdictional issues. Determining which state has jurisdiction over a military divorce can be complicated. Generally, it’s the state where the service member claims legal residency, but there are exceptions and nuances to this rule, especially if the service member is stationed elsewhere.
- Military benefits. Military divorces involve complex issues related to the division of military benefits such as retirement pay, healthcare, and housing allowances. The Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement pay is divided in divorce.
- Pension division. Dividing military pensions can be more complicated than dividing civilian retirement accounts due to the complexities of military pension plans and regulations.
- Housing allowances. Military housing allowances and benefits can impact child support and spousal support calculations, and their treatment in divorce proceedings can vary depending on state laws and circumstances.
Specialized legal knowledge will be required to handle a military divorce. Your lawyer will need to be familiar with both military regulations and state family law. Attorneys handling these cases need to understand the intricacies of military life and how it intersects with divorce proceedings.
Contact Foster Hsu, LLP Today
Military divorces are different from civilian divorces in many ways. Military families have to deal with jurisdiction, child custody, and other issues that can be complicated when a person is not home for many months at a time.
Contact Foster Hsu, LLP for help with your military divorce. We’ll help you understand all relevant state and federal laws. Schedule a consultation with a San Jose military divorce attorney today by filling out the online form or calling 408-841-7200.
