Family Law Mediation for Active Military Personnel

Posted by: Gerald A. Maggio, Esq.

Orange County divorce mediation attorneys; California Divorce MediatorsMilitary personnel are considered the protectors of the nation, who lay down their lives to defend the country we love. While all of us have respect for the military personnel that protect our motherland, have any of us wondered if their legal rights are similar to that of a common U.S. citizen? Military personnel have a life that’s for the most part alien compared to the life we have.

Most military men and women, however, do get married like the rest of us and they too can have problems in their married life. Problems in married life usually spell out divorce and there can be instances where divorce is the only option left for such personnel. While the process of family law or divorce mediation is rather hassle free and easy to go through, there can be complications if the dispute involves a current military personnel as one of the spouses.

The Issues They May Face

It should be clear by now that the military personnel have the same legal rights as that of us civilians and are likely to face the same issues we face and maybe more. At the time of the divorce, military personnel can go through issues such as:

  • Child custody
  • Child Support
  • Alimony payments
  • Division of assets
  • Rights of Modifications

The Benefits

There are two ways to a divorce available to them, getting a divorce through litigation or getting Orange County divorce mediation. While both are likely to get the desired result of separation and ending of marriage, it is recommended that family law and divorce mediation is used because it is a cheaper and more private for the spouses to settle their differences and agree to a solution and a post divorce agreement. Privacy is likely to be an important consideration for military personnel because they wouldn’t want the respect that comes with being military personnel to be tarnished by any such cases and bad publicity.

The View of the Law

The act that governs how civil matters apply to military personnel is the Service Members Civil Relief Act. It has a provision which doesn’t allow the lawsuits against members of the military that are currently deployed from going ahead. This act is of great aid to military personnel since it protects them in matters such as child custody, alimony payments/spousal support, and even divorce litigation proceedings.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”