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Military Divorce

San Diego Military Divorce Lawyer

Experienced Military Divorce Attorneys Serving San Diego County, CA

Where one or more spouses in a marriage are members of the military and the spouses divorce, the divorce is referred to as a military divorce. A military divorce presents its own set of challenges and requirements that will be different from those experienced by people going through a non-military divorce. This can include the complicated aspects of calculating a service member’s income, which includes not just pay but also allowances and other benefits, as well as division of assets including the right to military pensions and disability payments. At the Law Offices of Andy Cook, a San Diego Military Divorce Lawyer can help parties who are going through a military divorce to understand their rights, while ensuring that the interests of the parties are preserved and protected now and into the future.

To speak with our experienced San Diego military divorce lawyers, give us a call at (619) 304-9769 or contact us online today. 
 

Ask a San Diego Military Divorce Lawyer about the Procedural Issues in a Military Divorce

The general procedure for obtaining a military divorce in the California courts is the same as for obtaining a non-military divorce, but federal law provides relief for armed forces members serving overseas by allowing those members to delay appearing in a civil action such as a divorce for at least 90 days. Serving a member of the military serving overseas with divorce papers may also be complicated and require an inquiry into that particular country’s laws regarding service. That said, the law offers methods in some circumstances by which parties can obtain a divorce even where one spouse is serving overseas and thus unable to appear in a California Court.

Understanding Your Rights in a Military Divorce

Navigating a military divorce can be complex, with unique regulations and considerations that differ from civilian divorces. At Andy Cook Law, we believe it's crucial for our clients to fully understand their rights and options. Our experienced San Diego military divorce lawyers are here to guide you through the intricacies of military law, ensuring you are well-informed at every step of the process.

Key aspects to consider in a military divorce include:

  • Division of Military Benefits: Understand how military pensions, retirement benefits, and health care coverage will be affected.
  • Child Custody and Support: Learn about the specific regulations regarding custody arrangements and child support obligations for military families.
  • Deployment Considerations: Discover how deployment and military obligations can impact divorce proceedings and custody arrangements.
  • Legal Protections: Familiarize yourself with the Servicemembers Civil Relief Act (SCRA) and how it may provide you with certain protections during the divorce process.

With our dedicated team by your side, you can navigate the challenges of a military divorce with confidence. Contact us today for a consultation to discuss your unique situation and receive tailored legal advice that prioritizes your best interests.

Division of Property and Spousal and Child Support in a Military Divorce

In a typical non-military divorce, the parties will either work together to come up with an agreement regarding the division of their assets and how much spousal support and child support will be paid, or, if the parties cannot reach an agreement, the judge will make those determinations. A military divorce presents special concerns with dividing up the property and setting support payments, as military members are compensated in ways different than that of most of the general population. For example, a military service member receives a paycheck for his or her services, but is also compensated through housing and food allowances and other benefits. Thus, in looking at the parties’ incomes and living situations, the court will look at these other benefits that may be lost to one party through a divorce. For example, military spouses often do not own their own homes but live in military housing, and so when one spouse no longer has access to the military housing, the divorce judgment will have to account for that changed circumstance.

Other issues a court will look at in a military divorce are the retirement payments, including military pensions, that a service member will receive. If the retirement payments were based on military service while the parties were married, the law may deem those ongoing payments (even when made after the divorce) to be community property to which both spouses have ongoing ownership rights. A spouse may also have an interest in ongoing VA benefits paid to one spouse. Federal law interacts with California state law in many aspects of military divorce, and it is important for both parties to a military divorce to understand their rights before any settlement agreement is reached and/or before the parties go in front of a judge.

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Seek Experienced Legal Representation in CA Military Divorce Matters

Given the complicated aspects of property and income division related to military divorces, it is essential that you are well-represented in the negotiation or litigation of any contested matters in your military divorce. The lawyers at the Law Offices of Andy Cook possess the knowledge, skills and abilities necessary to provide you with the representation you need in this critical area.

Where one or more spouses in a marriage are members of the military and the spouses divorce, the divorce is referred to as a military divorce. A military divorce presents its own set of challenges and requirements that will be different from those experienced by people going through a non-military divorce. This can include the complicated aspects of calculating a service member’s income, which includes not just pay but also allowances and other benefits, as well as division of assets including the right to military pensions and disability payments. At the Law Offices of Andy Cook, a San Diego Military Divorce Lawyer can help parties who are going through a military divorce to understand their rights, while ensuring that the interests of the parties are preserved and protected now and into the future.

To speak with our experienced San Diego military divorce lawyers, give us a call at (619) 304-9769 or contact us online today. 

Military Divorce in California FAQs

How is military divorce different from civilian divorce in California?
 

If a spouse is serving on active duty, the Service Members Civil Relief Act (SCRA) can delay proceedings, complicating the process of military divorce.

Can my military pension be divided in a divorce?
 

Yes, military pensions are subject to division as marital property under the Uniformed Services Former Spouses' Protection Act (USFSPA). Depending on the length of the marriage and the overlap with military service, the amount will be divided.

Does deployment affect child custody in a military divorce?
 

Despite the fact that deployment can affect child custody, California courts will prioritize the child's best interests. Temporary custody arrangements may be made during deployment, and the service member may request modifications upon returning.

Can I receive both child support and spousal support in a military divorce?
 

Yes, both child support and spousal support can be awarded in a military divorce. The amount of support is determined by California's guidelines while also accounting for the service member's military pay and benefits.

What legal protections does a military spouse have during divorce?
 

Under the SCRA, active-duty military members can request a delay in divorce proceedings if their duties prevent them from appearing in court. This protection ensures fair legal representation during the divorce.

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