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Getting a Divorce in the Military: Am I Protected?

By Channe Coles on Mar 17, 2016 at 11:42 PM in Santa Barbara Divorce Attorney, California Divorce Law
Military Divorce Santa Barbara

Every Military Divorce is Different

Either as an active duty member of the military, a veteran, a Reservist, a member of the National Guard, or a military spouse, you undoubtedly have many fears and questions regarding your divorce or custody dispute. Procedurally your case is the same as non-military cases, however there are additional factors to take into consideration which offer extra protection to military personnel and military spouses.

Every case is distinctive and inherently different, but here at the Law Office of Channe G. Coles we are experienced in military divorces and the extrinsic circumstances which are created based on the additional statutes and unique conditions which occur when one is involved with the military. We are familiar with the various deadlines and meticulous rules and forms that are necessary to ensure you receive the best representation throughout your case.

Getting Divorced as a Member, or Retired Member, of the Service

As either an active duty member, a retired member of our armed forces, a Reservist or a member of the National Guard, you are protected by various state and federal statutes, and acts such as the Servicemembers Civil Relief Act (SCRA). Although you are protected, you must continue to provide support for your children and possibly your spouse throughout the divorce proceedings.

The Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) is extremely important in protecting you while you are deployed or stationed outside the county where your divorce or custody dispute is filed. You are covered by the SCRA if you are an Active Duty servicemember, Reservist, or a member on the National Guard while you’re on active duty. This act allows you to postpone or suspend your case until you are back state-side or at a place where you can be more active in your case if you so choose. 

As your case progresses, the Law Office of Channe G. Coles will closely evaluate your case to confirm which statutes best protect you, your children, and your livelihood. Whether your stationed overseas or stationed here at home, we are confident that we can provide unmatched guidance, support, and representation through your divorce or custody dispute.

Getting Divorced as a Military Spouse

As a military spouse, you have your own set of rights which protect you both during an after your divorce. Some of these distinct rights are due in large part to the Uniformed Services Former Spouses Protection Act (USFSPA).

The Uniformed Services Former Spouses Protection Act (USFSPA)

The Uniformed Services Former Spouses Protection Act (USFSPA) addresses concerns regarding a military spouse’s eligibility for commissary, health care benefits, child support, spousal support, a Survivor Benefit Plan, and military retired pay/pensions.

The USFSPA allows a qualifying former spouse to continue receiving or be eligible for things like commissary, health benefits, and a portion of the military personnel’s retirement pay. There are certain qualifications which must be met in order to continue receiving benefits, but each case is different and requires its own evaluation which can be done in a consultation.

Military Divorce in Santa Barbara County

Whether you’re on active duty, a veteran retired from active service, the spouse of an active duty member, or the spouse of a veteran and you need advice, we can help you; you need an experienced family law attorney to assist you through this case. We at the Law Offices of Channe G. Coles have an in-depth understanding of the intricacies of a military divorce and custody disputes here in Santa Barbara County. Please contact us to set up a consultation to truly see what we can do for you.

Jan 30, 2020 Arrow1 Down Reply
Barbara White

I am needing a modification/clarifying order in order to increase my monthly spousal benefit. I received notification from DFAS, Denise Denner and she is working with me. My phone number is 210-557-6652. My email address is noted above. Thank you.