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Military Divorce Mediation

When military couples are looking to get a divorce, there are unique and complex issues that come with a military divorce mediation proceeding. Factors that come in to play for military familes include length of absences and difficult long distance communication, or even the potential stress of an injured spouse in their service to the country. No matter what the cause, A Fair Way Mediation has helped many military couples and families to complete their divorce in a peaceful and affordable way. If children are involved, this can be more complex too, we have a wide array of experience when children involved as well.

We offer a free consultation, please fill out our "Start Evaluation" form or give us a call!

619-702-9174

How Does Military Divorce Work?

In most cases, a military-related divorce will have the same complex issues as a traditional divorce. The things that come in to play our military benefits, military medical benefits, housing, and child support. Having worked with military couples of all branches, we understand the impacts a divorce can have on service families. A Fair Way Mediation has the experience and expertise to help you in the most expeditious and affordable manner. Once divorce lawyers become involved, the costs will sky rocket in hourly fees and you will end up in court with the judge ultimately making the final decision.

Our goal is to help you settle things out of court, on your own terms. Through proper communication and guidance, divorces can be finalized fairly quickly and submitted to the courts for approval and closure. You will both be allowed to move on with your lives.

Advantages of Divorce Mediation

There a variety of advantages for military families to go the mediation route as opposed to each individual getting their own lawyer and battling it out for months on end. Here are a few of the advantages to use mediation for your military divorce:

Fast Divorce Process

Divorce mediation offers a remarkable advantage in the speed to obtain a finalized divorce, creating quick resolutions for separating couples. Unlike the prolonged litigation route, mediation streamlines the dissolution by encouraging open dialogue and cooperation between spouses. By working with A Far Way, couples can navigate complex issues with efficiency, quickly reaching compromises on matters like asset division, child custody, and support. The absence of court dates and extensive legal procedures not only saves time but also minimizes emotional strain, allowing both parties to move forward and rebuild their lives post-divorce. This accelerated approach not only reduces stress but also significantly cuts down on associated costs, offering a practical avenue for couples seeking a peaceful and prompt divorce resolution.

Proven Effectiveness

Divorce mediation stands as a wonderful choice due to its proven effectiveness in creating peaceful separations and resolving conflicts between partners. The primary advantage divorce mediation provides is in its ability to prioritize communication, cooperation, and mutual understanding over the adversarial nature of court proceedings. Mediation allows couples to actively participate in crafting their own settlement agreements, creating a sense of ownership and control over the outcome.

Economical

Divorce mediation offers a multitude of advantages, with the biggest advantage being its cost-effectiveness. Compared to traditional litigation, which can rapidly accumulate exorbitant legal fees, mediation tends to be far more economical. By using mediated negotiations, couples bypass the expenses associated with court appearances, prolonged legal battles, and attorney fees, choosing instead for a collaborative approach. Mediation usually requires fewer sessions and involves a neutral mediator such as A Fair Way Mediation guiding discussions towards mutually agreeable solutions, significantly reducing financial strain while allowing individuals to take control of their divorce settlement in a cost-efficient manner. This cost-effectiveness not only alleviates immediate financial burdens but also creates a more peaceful resolution, allowing both parties to redirect resources towards building a stable post-divorce future.

Confidential and Discrete

This process provides a private and confidential setting where divorcing parties can openly discuss their concerns, needs, and priorities without public scrutiny. Unlike court proceedings, which are often public record, mediation makes sure that sensitive information and personal details remain confidential. This discretion creates a safe environment for honest communication, facilitating constructive discussions with the goal of reaching mutually acceptable agreements. The confidential nature of divorce mediation not only protects privacy but also promotes a more agreeable resolution, allowing individuals to maintain greater control over the outcome while minimizing the emotional toll often associated with a litigated divorce.

Settlements of the Issue

Unlike traditional litigation, mediation encourages a cooperative environment where both parties actively participate in crafting mutually agreeable solutions. The process maintains open communication and compromise, allowing couples to retain control over their decisions rather than leaving them in the hands of a judge. This approach often leads to quicker and more cost-effective resolutions, reducing the emotional toll on families and allowing for tailored agreements that suit the unique needs and circumstances of the individuals involved.

We take pride in helping military couples come to an amicable divorce. There is no reason to fight, and there is no "winner". Each side will get a chance to be heard so it creates an open dialogue between the parties.

Key Military Divorce Articles

MEDIATION TECHNIQUES FOR MILITARY DIVORCE RESOLUTIONS

Divorce is always a challenging and emotionally charged process, and when it involves military personnel, it comes with its unique set of complexities. The nature of military service often adds additional layers of difficulty to divorce proceedings, from deployment schedules to jurisdictional issues. Amidst these challenges, mediation stands as a powerful tool for achieving amicable resolutions and maintaining a sense of balance during what can be a stressful time. Military divorces demand a delicate balance between addressing the specific needs of service members and their families while navigating the legal intricacies associated with military life.

THE ROLE OF MEDIATION IN MILITARY DIVORCE

Divorce is a challenging and emotionally taxing experience for any couple. When one or both spouses serve in the military, divorce proceedings can become even more complex due to the unique circumstances and regulations that govern military life. In such cases, mediation emerges as a valuable tool, offering a pathway toward agreeable resolutions while navigating the unique needs of military divorce.

COMMON Military Divorce Questions

How is a military divorce different from a civilian divorce?

A military divorce is different from a civilian divorce primarily due to the unique aspects of military service and regulations. A key differential is the involvement of the USFSPA Act, which gives state courts the power to treat military pensions as marital property subject to division during divorce proceedings. The division of military benefits including pensions and healthcare, follows specific guidelines, and the non-military spouse might be entitled to a portion of these benefits based on the length of the marriage overlapping with the military service. Other issues include deployment, relocation, and child custody can be more complex in military divorces given the nature of military life.

What is the "10/10 Rule" in military divorce?

The “10/10 Rule” in a military divorce refers to the Uniformed Services Former Spouses’ Protection Act (USFSPA). This rule stipulates that if a military service members’ marriage to a civilian spouse overlaps for at least 10 years with their active-duty service, then the Defense Finance Accounting Service (DFAS) can directly distribute the agreed-upon portion of the service member’s retirement pay to the former spouse.

Do I have to go to court with divorce mediation?

No. This is another primary reason couples choose mediation over litigation. All discussions will be settled out of court, once the agreement has been made you will simply submit the final paperwork to the courts which your divorce mediator will prepare. Discussions in mediation are kept private, when the case ends up in court it becomes a public record.

Can my spouse access military benefits after the divorce?

There are several factors as to whether your spouse can access military benefits after a divorce including the length of your marriage, the specific military benefits in question, and the terms outlined in the divorce settlement. If your marriage lasted for at least 20 years and there was an overlap of at least 20 years between your marriage and your spouse’s military service, your spouse might be eligible for certain benefits such as healthcare through TRICARE and commissary privileges. If a marriage doesn’t meet these criteria, the access to military benefits might be limited or non-existent.

How does deployment or active duty affect divorce proceedings?

If the service member is unable to be present but would still like to move forward with divorce proceedings, long distance mediation can continue discussions. This requires meetings and discussions via phone or online video chat systems. There is also the SCRA (Servicemembers Civil Relief Act) which provides legal protection to active-duty military personnel, such as the ability to request a temporary halt or stay of divorce proceedings to accommodate their military duties. A Fair Way Mediation has successfully helped numerous military couples to continue divorce proceedings via long distance mediation solutions while the member is on deployment.

Can I waive my rights to a portion of the military pension in favor of receiving other assets?

Yes, it is possible to waive your rights, but the specific process and rules can vary based on the jurisdiction and applicable laws. This occurs during divorce proceedings where a former spouse might choose to forego a portion of the military pension in exchange for other assets like property, cash, or investments. It’s important to consult with a legal and financial professional to understand the possible tax consequences and potential implications.

About A Fair Way Mediation

As one of Southern California's top divorce mediators, A Fair Way Mediation has helped 100s of couples to obtain an affordable and peaceful divorce without going to court. We save our clients thousands of dollars in litigation fees and specialize in all forms of divorce mediation including military divorce and same sex divorce mediation. Our divorce mediators are skilled in all the facets of mediation and will guide you through the process. We provide divorce mediation services for couples throughout San Diego, Palm Springs, Riverside County and Rancho Mirage, Temecula, and Cathedral City.

For a free consultation, please fill out our "Start Evaluation" form or give us a call!

619-702-9174