Divorce can be difficult enough without the strains and intricacies of being in the military or a military spouse. People often get the wrong advice from superiors or friends regarding how being in the military can affect rights and obligations in a divorce. Very often, military personnel and their spouses can get free legal help through their local JAG office. However, if their military divorce is disputed, JAG will not be able to help.

In terms of commissary, exchange, on-base privileges and health insurance for the military spouse, those rights are strictly regulated under federal law. Such rights and benefits for military spouses will often terminate at the divorce unless the spouse has spent at least 20 years with the military spouse. California divorce laws play no role in determing such benefits for military spouses.

When it comes to military retirement, there are many myths that are false in light of California community property laws. One common myth is that you must be married to the serviceman for at least 10 years before being able to get retirement benefits. This is false. This ten-year rule only determines how you will be paid benefits, not if.

Survivor benefits derived related to military retirement are also an important issue to take care of. It's important to note that at the time of the divorce, the military spouse is automatically removed from survivor benefits. The military spouse must be redesignated within a limited time or it will be lost forever.

Another common issue relating to military spouse retirement benefits involves the serviceman choosing disability benefits instead of retirement. This is an easy way that a serviceman can avoid the military spouse from getting retirement benefits. However, California law can provide relief for the military spouse. Simply ask us how.

Another common concern for military spouses is making sure they receive support on a consistent basis. to make sure that support is paid on a regular basis, the servicemen's pay can be garnished so that the military spouse receives support directly from the government.

At the Law Offices of Stephen Rocha, we are extremely knowledgeable in regards to military divorces. We can make sure that your rights are protected and that you get the full benefits of what you are entitled to under the law.


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We help in matters involving in providing lawyer representation in San Diego regarding: Family Law Appeals, Divorce (Dissolution of Marriage), Paternity, Prenuptual Agreement and Postnuptual Agreement, Sole Physical Child Custody, Joint Physical Child Custody, Sole Legal Custody, Joint Legal Custody, and Child Visitation, Child Support, Spousal Support, Support Garnishment Orders, Support Wage Assigment Orders, Domestic Violence and Restraining Orders, father's rights, dad's right, Separate Property Characterization, Community Property Division, Military Divorce, Division of Retirements including Qualified Domestic Relations Orders, Flat Fee Divorce, Flat Rate Divorce, Affordable Divorce, Low Cost Divorce, Cheap Divorce, Prepaid Divorce, Paralegal Divorce Services, and Dissolution of Domestic Partnerships.

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