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Durham and Ng High Military Divorce Lawyer

military divorce lawyer benicia

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Military divorce is a bit longer to complete than an ordinary divorce. Moreover, the two processes also differ in some aspects too. One particular aspect is when a spouse decides to file for a divorce. In  a military divorce, filing has to be done in the place where the couple resides. Filing in another region has to be a mutual agreement between the two.

In addition to this, the military takes child and spouse support very seriously. Ignoring this responsibility could lead to severe consequences. When comparing the two divorces in terms of child and spouse support pay rates, you’ll realize military divorces pay more.
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Our Benicia military divorce lawyers under our legal firm here in Benicia are very familiar with the military marital and divorces laws. They have represented many of our clients who were then either serving in the military or were out. They will provide legal guidance and counseling enabling you to fully comprehend your circumstance and see the possible hindrances in it.

Here are significant items to recognize in a military divorce:
  • Computing figures for child support
For the child support amount to be computed, the parents’ resources have to be checked. The tax paid is also considered too in the calculations. The main source which is usually the actual income is mostly the key determinant. They actual income consists of salaries, wages, bonuses, pensions, benefits and annuities.

  • Pension
When it comes to retirement payments, the military will only pay the spouse getting a divorce if the couple has been in marriage for ten years. These years should also see the militant serving for the same amount of time. These payments are done via the Defense Finance and Accounting Service. (DFAS) However, different states set different times to which as spouse should be entitled to get these payments.
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Indeed, there are circumstances in which a spouse may not qualify for this kind of pay if he or she hasn’t attained the years stated by a particular state. In this scenario, he or she can still obtain an amount through the divorce agreement. A military divorce lawyer will have to step in in her behalf to ensure this.

  • Benefits and privileges
In a military marriage, a spouse is normally eligible to the Survivor Benefits Plan. This is however unlikely during a divorce. The spouse will only become the beneficiary only when agreed mutually and stated under the divorce agreement. On the other hand, a spouse will be eligible to base privileges such as commissary and exchange if the couple met certain conditions. The marriage should be not less than twenty years and the partner serving should have served for twenty years. Their marriage should have surpassed the serving time by a minimum of twenty years. This is also referred as the 20/20/20 rule.
 
Please call us at
 (707) 400-5023 for free quotes and estimates. 

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    Law Offices of Durham and Ng
    (
    888) 648-4888
    4600 Northgate Blvd Suite 125 Sacramento, CA 95834
    Law Offices of Durham and Ng
    831 East 2nd Street #203 Benicia, CA 94510

    (707) 504-0018
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    • Home
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      • Family Law
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