Thousand Oaks Military Divorce Attorney
How Military Service Affects Your Divorce
A divorce involving a spouse in the military can quickly become very complicated, as there are federal regulations to be considered, along with the usual state laws that would apply during a civilian divorce. These can affect just about every aspect of a divorce, including the processing of the divorce itself, jurisdiction, custody issues, and asset division. Agreements regarding child support and retirement funds, for example, have to go through both the military and the local court, and it takes an experienced attorney to know your rights and to advocate for them. Whether you or your spouse has served in the military, we at Richard Ross Associates can help you navigate the difficult road ahead.
The Servicemen's Civil Relief Act protects those serving active duty from being held in "default" due to a failure to respond to divorce papers, by postponing the obligation to respond until the active military spouse is no longer on duty, and in some cases, for a short time after. This can make it very difficult to initiate divorce proceedings, unless the active duty serviceperson is in agreement and waives their right to postpone. Given their consent, though, it is possible to proceed in a number of ways. If you are currently serving active duty, our experienced family law attorneys can represent you without you having to set foot in a courtroom.
Looking for a military divorce lawyer in Westlake Village?
Whether you or your spouse is in the military, we are familiar with the specific issues involved in military divorces, and our skilled team is available to support you and to fight for your unique needs throughout this process. Richard Ross is a Board-Certified Family Law Specialist with over 30 years of experience, and we are more than equipped to review such aspects of your case as division of retirement pay, family support, and availability of military benefits to the nonmilitary spouse following the divorce. Don't hesitate to contact us so that we can get started with your case as soon as possible.
Dedicated TO CLIENT CARE & SUCCESS
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I heartily recommend him to anybody in need of a well qualified, results-oriented, family law specialist.
“I would not hesitate to, again, retain the legal services of Richard Ross.”
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Our family and our dignity have been restored.
“Mr. Ross and his supportive, competent staff put their hearts into their work and literally turned our lives around.”
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The results far exceeded my expectations.
“The entire staff at Richard Ross Associates really helped me through my divorce and they were with me the whole way.”
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Extremely thorough and professional!
“Richard has helped me through a very difficult divorce and I can't say enough good things about him.”
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Polite, caring, and quick to respond.
“Richard Ross is a subject matter expert in the field of family law.”
FREQUENTLY ASKED QUESTIONS
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This is very important: If you have separated from your spouse before one of you has filed for dissolution of marriage or legal separation, avoid agreeing to and placing into effect a temporary parenting plan arrangement regarding the children unless you will be able to live with this arrangement after the divorce papers have been filed. Once you begin a parenting plan that seems to be working, it becomes the "status quo." It is very difficult to convince a mediator or judge to change the status quo, especially if it is working or appears to be working and is not detrimental to the minor children.
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If you have not received a judgment dissolving your marriage before the end of the year, you may file an individual tax return under the status of "married, filing separately" or a joint tax return with your spouse. You should consult your accountant as to the advantages of these options. You may obtain special information booklets regarding tax information for divorce or separated individuals from your local IRS office or read the IRS booklet online.
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To file an action for divorce, also known as dissolution of marriage, a person must have resided in the state of California for six months and in the county where the action is filed for three months prior to filing the petition in court. This is true of either the petitioner or the respondent - either person can meet the test and allow a filing. If your spouse meets the residency requirement, you can file even if you do not meet it yourself.
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The court can and usually will order you to move out of your residence if your spouse convinces the court that you have been violent toward your spouse or threatened your spouse. You could be given ex-parte notice to be in court the next day because your spouse is seeking an order to make you move out and stay out. You can be ordered to leave immediately and not return even if your spouse is not on the property title or lease agreement! Once you are ordered to leave, it is not likely that you will be allowed to return.
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Before you get a divorce, photocopy all relevant financial documents that you can obtain and store them off-site with a trusted friend or relative. Do not store them in the trunk of your car where they can easily be found and removed by your spouse. There may be both personal and strategic reasons not to tip off your spouse that documents are being reviewed for a possible dissolution proceeding. Make copies of documents that you find in the residence and return the original documents to their original location as soon as possible so that your spouse won't notice that they are missing. It is often advisable to make the photocopies when you are sure your spouse is away for an extended time, such as during a workday. It is advisable to gather as many relevant financial documents as possible while they are still available and before they have been removed or destroyed by your spouse. This will significantly reduce the cost of divorce litigation if the documents do not have to be recovered later. It will also permit us to get a true picture of all community assets and debts as soon as possible.
