Riverside Military Divorce Lawyer

Military Divorce Lawyer Riverside, CA

If you’re a service member or military spouse facing divorce in Riverside, you may be dealing with issues beyond those of an ordinary divorce. From dealing with federal rules for dividing a military pension to establishing custody arrangements that account for deployment orders and potential relocations, there are many elements to consider.

Schank Family Law has worked with military families throughout Riverside County for over 20 years. Our attorneys understand both the federal regulations that govern military benefits and the California laws that apply to divorce, custody, and support. Our Riverside, CA military divorce lawyer can help you protect your rights, your benefits, and your relationship with your children. Contact us today for a free case evaluation.

Meet Christian L. Schank, Riverside Military Divorce Attorney

Christian L. Schank has been handling divorce and family law cases in Riverside for over two decades, and military divorces have been part of that work from the beginning. With March Air Reserve Base bringing thousands of service members and their families to Riverside County, he’s seen firsthand how different these cases are from a standard divorce.

Military divorce isn’t just emotionally complicated — it’s legally complicated. Dividing a military pension means navigating the Uniformed Services Former Spouses’ Protection Act and DFAS paperwork. Custody arrangements have to account for deployment orders and potential relocations. Support calculations involve BAH, BAS, and special duty pay that civilian cases never touch. Christian understands both the federal regulations and California family law, and knows how those two systems interact.

He earned his law degree from the University of La Verne College of Law and holds an AV Rating from Martindale-Hubbell — the highest recognition for professional excellence and ethical standards. He was also recognized by Quality Business Awards as the leading Family Law Attorney in San Bernardino, ranking in the top 1% of American businesses.

What hasn’t changed over the years is his approach. Service members and military spouses dealing with divorce don’t need more uncertainty — they need someone who responds promptly, explains things clearly, and fights for what they’re entitled to. Whether it’s protecting a pension, securing a fair custody plan, or advocating for a spouse who sacrificed their career through years of deployments and relocations, Christian L. Schank has spent his career doing exactly that for military families across Riverside.

Why Choose Schank Family Law for Military Divorce in Riverside, CA?

We Know California Military Divorce Law

Riverside County has a significant military population. March Air Reserve Base brings thousands of service members and their families to the area. When those marriages end, the legal process involves both California family law and federal military regulations.

Christian Schank founded this firm. He’s been practicing family law since 2003 and has handled military divorces throughout that time. Christian earned his law degree from the University of La Verne College of Law after completing his undergraduate studies at Brigham Young University. He holds an AV Rating from Martindale-Hubbell, which reflects the highest level of professional excellence and ethical standards. He was also recognized by Quality Business Awards as the leading Family Law Attorney in San Bernardino, scoring in the top 1% of American businesses.

When you work with a family lawyer in Riverside, CA who handles military cases, you get someone who understands both systems. That matters.

Results That Reflect Our Approach

Military divorce cases involve significant financial stakes. A 20-year pension can be worth hundreds of thousands of dollars. Survivor Benefit Plan elections affect income for decades after retirement. Support calculations must account for BAH, BAS, and special duty pay that civilian cases never address.

We’ve secured favorable spousal support awards for military spouses who sacrificed their own careers during years of relocations and deployments. We’ve protected service members’ disability benefits from improper division. And, we’ve negotiated custody arrangements that preserve parental relationships despite the demands of military service.

These cases require attorneys who understand both systems and how they interact.

Straightforward Communication

Military families deal with enough uncertainty. You need an attorney who responds promptly and explains things clearly.

⭐⭐⭐⭐⭐ “Both attorneys and staff are very friendly and personable while being professional. I came to them with a difficult case and they immediately accommodated me. I felt heard and cared for during the entire process. Highly recommended Riverside, CA law firm!” — Doug P.

Read more reviews on our Google Business Profile.

Types of Military Divorce Cases We Handle in Riverside

We handle most family law matters for military families in Riverside. Here’s what that includes.

• Divorce for active duty service members. Divorcing while serving creates logistical problems. Court dates conflict with duty schedules. Deployment can delay proceedings entirely. The Servicemembers Civil Relief Act gives active duty members the right to postpone civil court cases, including divorce. We help clients exercise that right when needed while still moving their divorce case forward.
• Military pension division. This is where military divorce gets complicated. The Uniformed Services Former Spouses’ Protection Act allows California courts to divide military retirement pay as community property. But the process involves specific calculations, paperwork filed with DFAS, and rules about direct payment eligibility. We do not handle QDROs directly, but we work alongside QDRO attorneys to get this right.
• Child custody involving military parents. Deployment changes everything. A parent who has custody can receive orders sending them overseas for a year. California law addresses this under Family Code Section 3047, which prevents courts from permanently modifying custody based solely on a parent’s military service. But temporary arrangements still need to be worked out. We help parents create child custody plans that protect their relationship with their children.
• Spousal support for military spouses. Military spouses sacrifice careers, relocate every few years, and manage households alone during deployments. California courts consider these contributions when awarding spousal support. We advocate for awards that reflect what our clients have given up.
• Property division. Beyond pensions, military families accumulate TSP accounts, survivor benefit plans, real estate across multiple states, and personal property. Dividing these assets requires careful attention to both federal rules and California’s community property laws.
• High net worth divorce. Some military divorces involve substantial assets. Senior officers with decades of service have significant pensions. Dual military couples may each have retirement benefits. Business interests, investments, and real estate complicate things further.
• Fathers’ rights. Military fathers face particular challenges in custody disputes. Deployment can be used against them in court. We represent fathers who want meaningful time with their children despite the demands of military service.

California Legal Requirements for Military Divorce

California is a no fault state. Neither spouse has to prove the other did something wrong. Stating irreconcilable differences is enough to initiate a divorce.

Residency requirements apply. At least one spouse must have lived in California for six months and in the filing county for three months before filing. Military service complicates this. A service member stationed in California may or may not be a California resident for divorce purposes. It depends on their legal domicile, which is the state they claim as their permanent home.

Under California Family Code Section 2550, courts divide community property equally. Property acquired during marriage belongs to both spouses. Military pensions earned during marriage fall into this category. So do TSP contributions, bonuses, and other compensation.

The California Courts provide self-help resources for divorce, but military cases require more than standard forms. Federal laws interact with state procedures in ways that aren’t intuitive. The 10/10 rule, SBP elections, and disability pay offsets involve unique regulations.

Service members receive protections under the SCRA. Courts cannot enter default judgments against active duty members without following specific procedures. Proceedings can be stayed for the duration of military service plus additional time afterward. These protections exist because service members cannot always appear in court, but they also create strategic considerations for both sides.

Important Aspects of a Riverside Military Divorce Case

Understanding the 10/10 Rule

The 10/10 rule determines whether DFAS will send payments directly to a former spouse. It requires ten years of marriage overlapping with ten years of creditable military service.

Even if you don’t meet the 10/10 threshold, the pension can still be divided. The service member simply pays the former spouse directly instead of DFAS handling it. The rule affects payment mechanics, not the division itself.

Survivor Benefit Plan Decisions

The SBP provides continued payments to a surviving spouse if the service member dies after retirement. During divorce, courts often order the service member to designate the former spouse as the SBP beneficiary.

Timing matters. This election must be made within one year of the divorce decree. We track these deadlines carefully because the stakes are too high to let them slip.

How Deployment Affects Custody

This issue comes up frequently in child custody cases involving military parents. California Family Code Section 3047 protects military parents. A court cannot use deployment as the sole reason to permanently change custody. The law recognizes that military service involves temporary separations that don’t reflect a parent’s ability or desire to raise their children.

Temporary modifications during deployment still happen. Someone has to care for the children while a parent is overseas. We help clients create family care plans that designate temporary custodians, often grandparents or other family members, while preserving the deployed parent’s long-term custody rights.

VA Disability Pay Complications

VA disability compensation cannot be divided in divorce. It’s the service member’s separate property under federal law.

When a service member waives retirement pay to receive disability pay, which many do because disability pay is tax-free, the amount available for division shrinks. This affects the former spouse’s share. Courts can consider this when dividing other assets or awarding support, but the calculations get complicated.

Child Support Calculations

California uses a formula for child support. However, military income isn’t simple. Base pay is straightforward. But what about Basic Allowance for Housing? Basic Allowance for Subsistence? Special duty pay? Hazardous duty incentive pay? These allowances can add thousands to monthly income, and California courts include them in support calculations under most circumstances.

The California Department of Child Support Services provides guidelines, but applying them to military income requires understanding what each allowance represents and how courts typically treat it.

Jurisdiction Questions

Military families move constantly. Jurisdiction for divorce depends on residency, domicile, and where the children have lived. Sometimes multiple states could exercise jurisdiction. Choosing the right forum can affect everything from property division to support calculations.

Contact Schank Family Law

Military divorce in Riverside, CA involves complications and federal rules, requiring a military divorce attorney who has experience handling these cases. Our team offers free case evaluations. Our family lawyer will review your situation and explain your options.

Whether you’re active duty, a veteran, or a military spouse, we are ready to help. Contact Schank Family Law today to schedule your free case evaluation.