A Law Firm That Cares

Orange County Military Divorce Lawyers

Proudly Serving Military Families

Many Americans are members of the United States Armed Forces—including the Army, Navy, Air Force, and Coast Guard. For many servicemembers, their duties require them to travel throughout the country and overseas, with the understanding that they may be placed in harm’s way. This lifestyle can be challenging for military families. Furthermore, these issues can make the legal resolution of family law issues challenging for servicemembers and their families.

If you are a member of the U.S. Armed Forces, or a family member of a servicemember, you should consult an experienced Orange County military divorce attorney from Gill Law Group, PC for advice about your rights regarding a family law issue. Our legal team is proud to serve those who serve in the military, as well as their families.

We are dedicated to helping families resolve issues, including:

  • Interstate recognition and enforcement of orders
  • Federal protections afforded to servicemembers
  • Deployments and temporary assignments

To learn more about our legal services for military divorce cases in Orange County, please call us at (949) 681-9952 today.

Legal Protections for Military Servicemembers

Given the transient nature of military life, the legal landscape for resolving military divorces can be remarkably complex. For civilians, matters of divorce are primarily governed by state family law rules. Such rules differ from state to state.

For military families, what would otherwise be a state law issue can be complicated by the application of federal and interstate protections. For example, lawsuits involving military servicemembers—including divorces—may be subject to the protections of the federal Servicemembers Civil Relief Act (SCRA).

The SCRA provides military servicemembers with legal protections for the following issues:

  • Default judgments: If a party cannot appear in court to defend against the complaint of the plaintiff, a court may issue a default judgment against the defendant. However, the SCRA protects members of the military from default judgments in cases where they cannot appear in court due to their military duties.
  • Non-judicial foreclosures: Legal proceedings regarding the collection of debts—including foreclosure cases—are similarly restricted for servicemembers who are preoccupied with their military orders and responsibilities.
  • Repossessions: Military servicemembers enjoy protections against lawsuits concerning the repossession of a person’s property in satisfaction of outstanding debts. This may affect divorces involving important issues of property division and family support.

Child Custody Issues for Military Divorce Cases

In military divorces, another sophisticated legal issue involves the resolution of child custody cases. If a parent of a minor child is an active duty servicemember, temporary assignments and employments which place that person overseas can make coordinating for custody exchanges and visitation schedules a logistical challenge in a military divorce case.

In many cases, a servicemember may find themselves frequently traveling between different states and countries. As a result, jurisdictional concerns for child custody matters may be particularly challenging for military families—such as issues regarding the enforcement or modification of a custody order.

This may require the application of the Uniform Child Custody and Jurisdiction Act (UCCJEA), a uniform law that almost all 50 states have ratified. The UCCJEA helps to resolve competing jurisdictional claims between courts of different states when it comes to determining child custody matters in cases where parents reside in different states.

Support & Property Division

As mentioned above, state law generally covers divorces and other family law matters. This includes proceedings regarding family support and the division of property upon divorce. For example, California is among a handful of states that adheres to the community property system of asset division in divorce cases.

Federal law provides certain protections for servicemembers regarding the following:

  • Medical benefits: Members of the armed forces and their families are usually entitled to important medical benefits. The continued availability of such benefits for families going through a divorce can be a challenging legal issue to resolve in military divorces.
  • Military retirement: Federal law protects the retirement benefits of military members and veterans. Such laws may raise complicated issues of property division and spousal support.
  • Disability benefits: Military members who suffer from a disability are entitled to certain benefits, not unlike how employees are entitled to Workers’ Compensation benefits.
  • Veterans benefits: Additionally, veterans who suffer from a disability connected to military service are entitled to certain benefits. Family law rules involving community property and alimony can be difficult to navigate in military divorces for this reason.

Consult Gill Law Group, PC for Legal Advice

Military families are expected to endure unique challenges that most Americans living at home may not ever experience. Sometimes these challenges can be a tremendous hardship on servicemembers, their spouses, as well as their children. Given the sacrifices servicemembers routinely make in service of their country, the hardships of going through a divorce should not be one of them. That is why our team at Gill Law Group, PC is dedicated to helping servicemembers and their families in military divorce cases, so they have one less thing to stress about.

Please call us at (949) 681-9952or contact our office online to schedule a consultation about your case today.

Get to Know Our Team

  • Raja S. Gill
    Raja S. Gill Founding Attorney
  • Myle Nguyen
    Myle Nguyen Associate Attorney
  • Edgar C. Johnson, Jr.
    Edgar C. Johnson, Jr. Of Counsel
  • Raja S. Gill Founding Attorney
    Raja S. Gill

    Attorney Hetinder “Raja” Gill has been awarded membership in the National Trial Lawyers: Top 40 Under 40, and he maintains a Superb Avvo Rating. View Profile

  • Myle Nguyen Associate Attorney
    Myle Nguyen

    Attorney Nguyen has practiced family law throughout the counties of Southern California. View Profile

  • Edgar C. Johnson, Jr. Of Counsel
    Edgar C. Johnson, Jr.

    Attorney Johnson graduated Western State University School of Law and has over 25 years of litigation experience. View Profile

Recognized for Excellence

Attorney Gill's Memberships & Professional Associations

  • 10 Best 2019
  • Trial
  • OCBA
  • Consumer
  • Super Lawyers
  • ABA