Military Divorce “A law firm is only as good as its ability to understand and respond to the individual needs of its clients. The Gorski Firm provides cost effective and high-quality counsel to individuals and businesses and provides our clients with the same resources as large firms, without sacrificing personal attention.”
- Vincent A. Gorski, Founder

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Military Divorce Attorney in Bakersfield, CA

Representation in Cases of Marriage Dissolution for Service Members & Military Spouses in Kern County

Military divorces involve unique considerations beyond those found in civilian cases. These include federal laws protecting service members' rights, complex rules governing the division of military retirement benefits, and jurisdictional issues that arise when a service member is stationed away from California. The Servicemembers Civil Relief Act (SCRA) provides protections that can delay proceedings, while the Uniformed Services Former Spouses' Protection Act (USFSPA) governs the division of military pensions.

The Gorski Firm represents both service members and military spouses in divorce cases throughout Kern County, an area with a significant military presence due to Edwards Air Force Base and Naval Air Weapons Station China Lake. Our firm’s founder served in the United States Air Force and has firsthand insight into military culture and the challenges faced by service members and their families.

Are you a service member facing divorce or need representation as a military spouse? Call (661) 768-1441 or contact us online. A military divorce attorney in Bakersfield can navigate the unique procedural requirements of your case.

Jurisdictional Requirements & SCRA Protections

California courts can hear military divorce cases when either spouse is a California resident. For service members stationed in California due to military orders, the durational residency requirement is six months in the state and three months in the county.

The Servicemembers Civil Relief Act allows active-duty service members to request a stay of divorce proceedings if military duties prevent them from participating effectively in the case. The service member must show that military requirements materially affect their ability to appear. The court may grant a stay of at least 90 days, with the possibility of additional stays.

The Gorski Firm assists service members in asserting their SCRA rights when deployment or duty assignments prevent participation. Our team also assists military spouses in navigating these requirements when their spouse invokes these protections.

Division of Military Retirement Benefits

Military retirement pay constitutes community property subject to division when retirement credits were earned during the marriage. The court divides the marital portion by comparing the years of service during the marriage to the total years of service at retirement.

The "10/10 rule" under the USFSPA dictates that the Defense Finance and Accounting Service (DFAS) will make direct payments to a former spouse if the marriage lasted at least 10 years overlapping with 10 years of creditable military service. Disability pay introduces further complexity: veterans who waive military retirement to receive VA disability compensation reduce the retirement pay available to the division, as former spouses generally cannot receive a share of disability pay.

We can calculate the marital portion of benefits and prepare the necessary court orders for DFAS, accounting for the interplay between disability compensation and retirement pay.

Our Client Testimonials

We are dedicated to our clients, the community, and public service. We are based in Bakersfield, California and represent clients with routine and complex family law and bankruptcy matters throughout the state.

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Thank you to the Gorski firm for helping me navigate a heartbreaking time.
“I was awarded sole and physical custody, more than I could’ve imagined and I am truly thankful for their hard work.”

- Abby A.
I do appreciate Mr. Gorski from the bottom of my heart for his incredible work on my case.
“He took on my case at the very last minute, thoroughly reviewed all the details in an impressively short time, and still managed to win it. His dedication, expertise, and confidence truly made a difference.”

- Former Client
I can honestly say that Mr Gorski, is a truly gifted attorney.
“His compassion & understanding with his expertise in family law are truly amazing. I have had the pleasure of using Mr Gorski in my past and would highly recommend him.”

- Rick H.
I am very thankful for Mr. Gorski.
“He was very helpful and knowledgeable of my situation and what needed to be done. He was very professional and timely. And if for whatever reason he was unavailable Jaqueline was able to assist me in a timely manner. I could never thank them enough.”

- Alisha G.
Thank you Mr. Gorski for helping my brother in Mojave court with his DV case.
“You were wise and knew exactly what was needed to win this case. Our family truly appreciates you. Thank you and we'll done.”

- Wendy A.
Mr. Gorksi facilitated an excellent outcome for my ongoing case.
“Everything I hoped for and more was achieved, and I am so thankful. I appreciate the hard work he put in and the support from his staff through the whole process. I would proudly recommend him and his firm. God Bless.”

- Jaswinder K.
I do appreciate Mr. Gorski from the bottom of my heart for his incredible work on my case.
“He took on my case at the very last minute, thoroughly reviewed all the details in an impressively short time, and still managed to win it. His dedication, expertise, and confidence truly made a difference.”

- Former Client
We contacted The Gorski Firm to handle my problem.
“To my surprise, they answered my email within a few minutes. Provided me with answers that I needed. Everything was easy as I have anticipated.”

- Vivian H.
Vincent Gorski was a pleasure to work with.
“He was prompt, professional, and made me feel at ease during what is often a very difficult and uncomfortable divorce process. I highly recommend him.”

- Billie H.

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Bakersfield, CA 93301

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