While getting a divorce can be a painful and difficult process for most people, it can be an even more complicated and stressful experience for military families. Additional legal issues come up so it is crucial to obtain legal advice from someone knowledgeable in military procedures, as well as California Family Court laws. For example, it is important to find out how the state where you file for divorce will handle the division of the military pension. Military pensions are ruled by the “Uniformed Services Former Spouses’ Protection Act” (USFSPA), which states that only the military member’s state of residence has the authority to divide the military pension. If you file in a different state, you may face difficulties when asking that state to divide the pension.
Once you have decided to file for separation, a family law mediator with experience in military couple litigation is great choice over individual attorneys to settle a divorce case for several reasons:
Military experience: The mediator will explain in detail how you can maintain or extend various military benefits to the ex-spouse after the divorce. These include health care insurance, life insurance and military pensions. A knowledgeable mediator will also provide guidance in regards to child custody, child support, alimony payments, and division of assets.
Timeliness: A skillful divorce mediator can help you settle your case in just a few weeks or months instead of the years some divorce cases can take. This can be especially helpful for active military members waiting for deployment. As for active members already on deployment, they should use a divorce mediator who will keep the negotiations going via conference calls, Skype or Face Time.
Affordability: We all know divorces can be very expensive, especially when several attorneys are involved. Family mediation is more effective and faster at settling disputes and conflicts, therefore saving you thousands of dollars in the process.
Confidentiality: Unlike court proceedings, which can become part of public records, what happens during divorce mediation is private and stays behind closed doors.
Reduced stress: Divorce mediation aims at reducing conflict and emotions while working on reaching a settlement fair to both parties.
With the caring guidance of an experienced mediator, military couples can reach their own decisions as they envision their lives after divorce while saving time, money and energy.
To learn more about the mediation process, complete our request for a free online evaluation, and to receive a free 30-minute phone consultation, visit us at www.afairway.com, or call 760-227-5090 / 619-702-9174.
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