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San Jose Family & Divorce Lawyers / San Jose Military Divorce Lawyer

San Jose Military Divorce Lawyer

Divorce comes with a lot of emotional and psychological distress.  This is especially true in a military divorce. Military service is demanding in many ways, which may contribute to the breakdown of a marriage. Dealing with the nuances of military service while going through a divorce can create a lot of conflict for both spouses.

Those in the military are often deployed for months at a time, so this can create issues in terms of jurisdiction. Plus, there are often different types of assets as play, such as pensions and military benefits, which can complicate property division.

If you are considering ending your marriage, a San Jose military divorce lawyer from Argyris Mah, LLP can assist you and help you deal with the various elements involved.

Complexities of Military Divorce

Divorces are complex enough. A military divorce is even more challenging due to the following issues:

  • Deployment and service requirements. Military service often involves frequent relocations and deployments. These deployments can disrupt the divorce process, making it challenging to coordinate legal proceedings when one or both spouses are stationed in different locations.
  • Jurisdictional issues. Determining the appropriate jurisdiction for filing a military divorce can be complex, especially if the spouses are living in different states or countries due to military assignments. Federal laws such as the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA) govern certain aspects of military divorces, but state laws also play a significant role.
  • SCRA protections. The SCRA provides certain legal protections to active-duty service members, including the ability to postpone civil proceedings, such as divorce proceedings, while on active duty. Understanding and navigating these protections can add complexity to the divorce process.
  • Military benefits and pension division. Military benefits, including healthcare, housing allowances, and pensions, are subject to specific rules and regulations. The division of these benefits in a divorce can be complex, especially when calculating the value of a military pension and determining eligibility for benefits for the non-military spouse.
  • Child custody and support. Military service can impact child custody arrangements, especially if one parent is deployed or stationed far from the children. The unpredictable nature of military life can make it challenging to create stable custody schedules. Calculating child support may also be complicated by the variable nature of military pay, including allowances and bonuses.
  • Temporary duty assignments. Temporary duty assignments or training exercises can further complicate divorce proceedings by disrupting schedules and delaying court appearances.

Contact Our San Jose Military Divorce Lawyers for Help Today

If you or a spouse is a servicemember, getting a divorce will be complex due to various issues. It’s important that you seek help from someone who is experienced in handling these issues.

A San Jose military divorce lawyer from Argyris Mah, LLP can help you understand the laws involved. We are seasoned lawyers who have the skill and knowledge to protect your rights and interests during this process. Schedule a consultation today by calling (408) 214-6366 or filling out the online form.