Are You Worried About You or Your Children’s Future?

Our Experienced San Diego Military Divorce Lawyer Can Help

With several bases and thousands of servicemen and women stationed here, San Diego, California is a proud military town, and we at Divorce Attorneys – San Diego are happy to help these men and women through their most difficult family law issues.Whether you are stationed here in San Diego, California or you are currently deployed overseas, we can help you effectively resolve your divorce and protect your future, allowing you to keep your focus on serving our country and spending time with your children.

How is My Military Divorce Different from the Regular Divorce Process?

Divorce is never easy. For military families, the process can be even harder. With so many to consider things get much more complex than a divorce between two civilians. Some issues that complicate the process include:

  • Filing: Divorces are generally filed in the state where the married couple has legal residence. If a non-military spouse files for divorce in a state that is not the legal residence of the spouse, the court may lack authority to divide a pension.
  • Child custody: Besides being legally complex, custody arrangements are emotionally taxing. Many factors will change the nuances of your cases including wether or not both spouses are in the military or if either spouse is deployed.
  • Division of Military benefits: All states treat military pensions as community property. There are many issues to consider such as how long the military spouse has been serving and if
  • Child support payments: Service members are required to provide adequate child support. Besides the Air Force, each branch has its own rules. State law supersedes these military instructions and determines the child support based on the entitlements of the service member. This includes allowance for housing, basic pay, basic allowance for subsistence and any other special pay.
  • Health care: After a divorce, a non-military spouse can opt for no-cost coverage under TRICARE if their marriage lasted for at least 20 years during active service. Otherwise, they may purchase insurance through the Continued Health Care Benefit Program.

Our San Diego military divorce lawyer understands the unique issues you are facing. We think ahead so that your settlement addresses matters such as if you are stationed in another state but your ex-spouse wants to remain in San Diego, California with the children, or what will happen if you are sent overseas for a year.

Are Military Assets Divided in a Divorce?

In general, military assets are divided by a judge. The judge will decide what issues are important in your divorce. There is no rule book on when one issue, like cheating on a spouse, is more important than another, such as gambling your retirement away. Our attorneys are familiar with the courts and judges and what issues they hold important. We use this as leverage to get you a favorable resolution.

Military retirement plans and your assets can be difficult to divide due to their complexity.  Many factors go into determining how and what assets are divided. One of the hardest assets to divide is property acquired prior to a divorce being finalized. By hiring a creative military divorce attorney you open up the door to more favorable results. Our firm knows what factors to leverage. A judge will consider who earns more money, how long the marriage has lasted, infidelity by either party and if any of your community funds were used in another activity that undermined the family’s finances. The best way to protect your assets is by contacting a San Diego military divorce lawyer as soon as possible.

Get The Right Representation If You Are In The Military

Military divorces can be much more complicated than a divorce between two civilians because of issues like:

  • Child custody and deployments
  • Division of military benefits
  • Child or parental relocation
  • Child support payments

We understand the unique issues you are facing and how they are different from standard divorces. You can have peace of mind knowing that experienced, knowledgeable military divorce lawyers are representing you. We can think ahead so that your settlement addresses matters such as if you are stationed in another state but your ex-spouse wants to remain in San Diego, California with the children, or what will happen if you are sent overseas for a year.

Questions About Divorce? Contact Our San Diego Military Divorce Lawyer

Our rates are some of the most competitive in the San Diego, California area, meaning you will not have to worry about losing it all just to finalize your divorce. We know how hard you work already, which is why you can leave the difficult legal work to us. Call us today at 619-269-8000 to schedule your consultation.