Military Divorce

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Bakersfield Military Divorce Attorney

Whether you're the spouse of a service member or are currently serving, filing for a military divorce can be complex. At Divorced by Design, our lead attorney, Garret, knows what it means to serve. His experience as a member of the air force gives our team a leg up in military divorce cases, enabling us to fight for your rights and interests within the context of a military divorce.

To schedule a consultation with a veteran Bakersfield military divorce attorney today, contact us online or via phone at (661) 760-2872.

Filing for a Military Divorce in Bakersfield

Filing for a military divorce can be significantly more complex than filing for a normal divorce. Spouses who wish to obtain a military divorce can:

  • File for divorce where the service member is stationed; or
  • File for divorce where the spouse filing the divorce petition (the petitioner) is a resident.

To file for a military divorce in California, at least one of the spouses must be a resident of the state.

Military spouses who file for a divorce when their partner is deployed or on active duty may experience difficulties serving their spouse with the divorce petition. The Servicemembers Civil Relief Act (SCRA) prevents military members from certain occurrences, such as being evicted.

Importantly, the SCRA also prevents service members from needing to file a Response to divorce summons. Normally, when a respondent refuses to file a Response, the court can issue a default judgment against them and finalize the divorce for the petitioner. If a military spouse files for a divorce, they may need to wait until their partner is no longer deployed or on active duty to finalize their divorce.

What Makes Military Divorce Different from Civilian Divorce

Military divorce is distinct from civilian divorce due to additional federal protections, unique benefits considerations, and specific military regulations. While state laws govern the basic divorce process, federal statutes like the Uniformed Services Former Spouses' Protection Act (USFSPA) influence the division of military pensions and benefits, which are key assets in many military divorces. This act can entitle a former spouse to a portion of the service member’s retirement pay, depending on factors like the duration of marriage and service overlap.

Additionally, the Servicemembers Civil Relief Act (SCRA) provides active-duty service members the right to delay legal proceedings under certain conditions, ensuring their duties are not interrupted by divorce matters. Custody arrangements, too, may require flexibility, considering possible relocations or deployments. Consulting a lawyer experienced in military divorce can help navigate these complex regulations to protect your rights and interests. 

  • Would recommend him 100x

    “Mr. Rice went above and beyond for my parents. He answered all of our questions and made us feel very comfortable and at ease! Would recommend him 100x.”

    - Chelsey Crump
  • He’s a man of his word and he takes the worry out of this process

    “I highly recommend Garrett Rice if you need a divorce attorney. Divorce can be chaotic and stressful but not with him. He’s a man of his word and he takes the worry out of this process. his office is very responsive and they are with you every step of the way! Garrett goes above and beyond!!!”

    - Whitney Rainwater
  • Garret represented my case with the utmost professionalism and care

    “Garret represented my case with the utmost professionalism and care. I really felt that he provided a personal touch with his representation. I thoroughly believe that without his knowledge and litigation expertise, I would have had a different outcome in my case.”

    - Nick Lidgett
  • Whether you need your divorce handled with white gloves or a shark in the court Garrett is your man!

    “Mr. Rice is an amazing lawyer not only was he efficient he listened to my needs and the needs of my children and executed them perfectly in court. He’s a no-nonsense lawyer with a proven track record. Whether you need your divorce handled with white gloves or a shark in the court Garrett is your man! I will definitely recommend him to any and everyone I know! I’ve had 2 other lawyers in Bakersfield and no one is even close to as good as him. He’s the smartest person in the room by far and doesn’t accept the games played in family court.”

    - Justin Debrum
  • Garrett is a very compassionate and understanding attorney

    “Garrett is a very compassionate and understanding attorney. He is not in it for the money but only for the best interest of you and your family. He will not give you false hopes during the case. Garrett is always prepared for court, speaks very direct, dresses very nicely and is presentable for court, and is highly favored by the judges. Every time we went to court we received the results we wanted and he did all the talking. He defends you in and out of court when the other side wants to get out of line. I love that he gives his clients his direct number and you can contact him directly whenever. We are very seasoned with the attorneys here in Bakersfield, and 98% of them are money hungry, have no interest in your case (but they will fake it to get your money), and will continue your case for years which equals thousands of dollars you will never see again. So! If you are looking for an attorney who will get the job done and genuinely cares about you or are debating changing attorneys because they fall in that 98% category, GARRETT IS YOUR MAN! You’ll thank me later 😉”

    - Camille Elijah
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  1. Family-Centered
    Our team is here to shoulder the legal burden of your case so that you can focus on caring for your family.
  2. Free Consultations
    We understand you have questions, our firm provides free consultations to help get you started in the right direction.
  3. Flexible Schedules
    We understand that dealing with a family law dispute is never easy. We want to help ease that burden by making ourselves available when you need us most.
  4. Customized Strategies
    Our attorneys will customize their strategy to you and your needs, helping you identify and pursue a positive resolution in your case.
What to Expect With Our Firm on Your Side Customized Approach Tailored to Your Case

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