San Diego, CA Military Divorce Law Firms
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Use FindLaw to hire a local military divorce lawyer to work with you on issues like community property division, debt allocation, military retirement plan divisions, military benefit divisions, child custody and support, alimony, and tax considerations.
Detailed law firm profiles have information like the firm's area of law, office location, office hours, and payment options. Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire.
Use FindLaw to hire a local military divorce lawyer to work with you on issues like community property division, debt allocation, military retirement plan divisions, military benefit divisions, child custody and support, alimony, and tax considerations.
Detailed law firm profiles have information like the firm's area of law, office location, office hours, and payment options. Attorney profiles include the biography, education and training, and client recommendations of an attorney to help you decide who to hire.
At Contreras Law, you'll find the support and guidance you need for all of your San Diego business litigation, family law and bankruptcy needs from attorneys who care.
Our mission at Antonyan Miranda is to aggressively preserve what can be preserved, protect what can be protected, and help secure all that is important to you; family, finances, ... Read More and assets.
The discount gives 10 percent off attorney’s fees to people on active duty in any branch of the military. Veterans who have received honorable or general discharges and dependents of active duty military are eligible for a 5 percent discount.
They can also request a delay of 60 days after their enlistment is concluded.
Military Child Support. Child support is determined by state law and typically based on the total entitlements of the service member, which includes base pay, basic allowance for housing, basic allowance for subsistence, and any special pays. Once this amount is set by the court, only the court can change it.
The law generally allows the filing of a divorce to take place in the state where the husband or wife has a legal residence. Because of this, the person initiating the divorce will typically file in the state where he or she lives when it is the legal residence of one or both parties. This is hardly unique to military divorce.
What is unique, however, is how the state handles the division of military pensions. According to federal law, the state of the legal residence of the military member always has the power to divide the military pension in a divorce. Therefore, if the non-military spouse files for divorce in a state that is his or her legal residence ...
Taking the Worry Out of Military Divorce in San Diego. Most people going through a military divorce have no idea what may happen. They worry about the legal system, and their pre-conceived notions are not always correct.
Therefore, if the non-military spouse files for divorce in a state that is his or her legal residence and not the legal residence of the spouse, the court might not have the authority to divide the pension.
If you seek the help of a San Diego military divorce lawyer, our lawyers at Scott Family Law will make sure your bases are covered with regard to your divorce proceedings. Some of the required grounds for filing for a military divorce are listed below:
Everyone understands and appreciates the sacrifices made by the brave men and women who serve in the United States Armed Forces. Our soldiers ask almost nothing for themselves and give everything for our country, and they deserve all of the notice they receive for the courageous work that they do.
In general terms, when a member of the military decides to pursue a divorce, he or she will face largely the same procedural steps as those who become involved in a civilian divorce. However, military divorces are becoming more prevalent in recent years as the rate with regards to these cases has risen.
When a soldier is deployed overseas, he or she obviously cannot be distracted by a divorce case. In addition, he or she faces obvious disadvantages given the logistics involved and that person’s inability to build a case that will protect his or her legal rights.
If you or someone you love is a member of the military who is facing a divorce or some other family law issue, you need to seek the help of San Diego military divorce attorneys who have been fighting for the rights of our valuable service members for many years.
All US service members and their spouses have access to a number of important benefits, including healthcare, pensions, and more. These benefits won't normally immediately end after a military divorce.
You must have been a resident of California for at least 6 months and of the county where you file for at least 3 months, and the petition for divorce (for "dissolution of marriage" officially) is to be filed in the local Superior Court in your county.
If the marriage lasted 20 years or longer, if one spouse was in the military for 20 or more years, and if both of these things were true at the same time for 20 or more years, benefits will accrue to the former spouse of a military member.
There is not requirement that a spouse being filed against for divorce be in-state at the time you file, but he/she does have to be notified, wherever he/she may be stationed.
You can have the papers served in person or through the mail and get a "receipt" for the record and for evidence, if necessary, later on.
But if your spouse lives in-country but ON-BASE, you have to use a sheriff or a "process server" to serve the papers in-person. This may require special coordination with your spouse's superior officer on-base, and so, you or your lawyer may need to call the base and arrange things "properly" through all the right channels.
As with other California divorces, military divorces do not need any special grounds or fault to be filed - so long as one spouse says he/she has "irreconcilable differences that cannot be resolved" with the other spouse.
Child Support - The child support for a military member can constitute a large portion of the military pay. Child support is designed to benefit the child not the custodial parent. Therefore, child support should not be disguised as form of maintenance.
Military Retirement - The military retirement benefit is often the largest asset of a divorce. Any division of the military retirement depends on a great deal of factors including other assets of the marriage, the date of separation. Contrary to common perception, the military spouse is not automatically entitled to any portion of the military retirement regardless of the duration of the marriage.
Military Disability - Military service members are often rated for a medical disability before they leave the military. As time passes, the disability rating for military member often increases. Because the disability portion of the retirement cannot directly be divided by the military, the disability can have a profound effect on the payments, if any, made to the spouse after the divorce.
In San Diego military divorces, there are many factors that contribute to evaluating and dividing up property, military benefits and retired pay, some of which are determined by the Uniformed Services Former Spouse Protection Act (USFSPA). It is important that you work with an experienced San Diego family law attorney who understands how military ...
An uncontested divorce – one where you and your spouse have agreed on the issues posed by the breakup of your marriage— is likely to be finalized sooner than dissolution proceeding with unresolved property and custody issues. How well both parties can work together to come to an agreement will significantly impact how quickly your divorce can be finalized
Our San Diego family law firm was founded by Sarah Schaffer, a Colonel in the United States Marine Corps Reserves who spent five years on active duty serving as a logistics officer in Okinawa, Japan, and Quantico, Virginia.
Through the Servicemembers Civil Relief Act, we can work to obtain a “stay of proceedings,” which can stop a divorce proceeding until you have returned to the states if you are deployed. If you would like your divorce to proceed while you are overseas, we can also handle appearances on your behalf.