San Diego Military Divorce Attorney

Divorce Attorneys Representing Military Members in San Diego, CA

Finding a divorce attorney who is capable of addressing military issues can be a challenge, but you have come to the right place if you are looking for a military divorce lawyer in San Diego. In addition to the usual legal issues present in a divorce, military families face unique challenges, especially if still on active duty. Claery & Hammond, LLP represents military men and women stationed at Camp Pendleton, Miramar, Coronado, Point Loma, and all other military stations in the San Diego area.

To speak with our experienced San Diego military divorce lawyers, call us at (310) 817-6904 or contact us online today. 

Understanding the Military Divorce Process in San Diego

Navigating the military divorce process requires understanding both federal and state laws, as military divorces are governed by the Servicemembers Civil Relief Act (SCRA) as well as California state laws. The SCRA offers protections like delaying divorce proceedings during active deployments. For military families in San Diego, it's crucial to consider both sets of laws to ensure compliance and protect your rights. Local courts, like the San Diego Family Court, often deal with these circumstances, making local legal representation vital for a smooth process.

Division of Military Benefits in a San Diego Divorce

California courts handle the division of pensions and benefits differently, which is particularly pertinent for military members. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to treat military retirement pay as marital property, divisible in a divorce. However, not all portions may be eligible for division. Factors such as the length of the marriage and periods of military service will influence the final settlement. Our attorneys provide critical insight into how these rules apply specifically to your situation, ensuring that your rights are upheld during the process.

Child Custody Challenges for Military Personnel in San Diego

Child custody issues are challenging in any divorce, but they are especially complex for military families due to assignments and deployments. California courts recognize these unique challenges, and certain provisions support maintaining the parent-child relationship despite physical distance. When determining custody, courts focus on the best interests of the child, examining factors like stability, continuity, and the child's adaptation to family, military, and community environments. Claery & Hammond, LLP is dedicated to providing strategic advice geared towards safeguarding your parental rights by offering support that considers both military obligations and civilian life transitions.

Specific Issues of Military Divorce

There are several specific issues that affect San Diego military members and retired military personnel, including:

• Military Retirement - The military retirement benefit is often the largest asset in a divorce. Any division of military retirement depends on factors such as other marital assets and the separation date. Contrary to common belief, the military spouse is not automatically entitled to any portion of the military retirement, regardless of the marriage duration.
• Military Disability - Military service members are often rated for medical disability prior to leaving the military. Over time, a member's disability rating may increase. Because the disability portion of retirement cannot be directly divided, it can significantly affect payments to a spouse post-divorce.
• Spousal Support/Alimony - The spouse of a military member may request a significant payment in addition to child support. These payments can represent a substantial portion of the service member's military or retirement pay and may last for years.
• Child Custody - Active military members often fear that deployment could affect their custody rights. It’s crucial to have an informed family law attorney to safeguard your parental rights. Understanding California’s Best Interest standard is essential, as the court focuses on the child's welfare, prioritizing stability and security in custody arrangements.
• Child Support - Child support for a military member can constitute a large portion of the military pay, and is designed to benefit the child, not the custodial parent. It's crucial to ensure that child support is not misrepresented as maintenance. Family law attorneys can aid in developing fair support amounts reflective of military benefits and obligations.

Frequently Asked Questions

How Does Deployment Affect Child Custody in a Military Divorce?

Deployment can create unique child custody challenges for military families. When a service member deploys, it is critical to have a family care plan in place. This ensures the child’s needs are met during the parent's absence. Courts often consider temporary custody modifications when deployment affects a parent's ability to care for the child. Claery & Hammond, LLP works with families to develop robust plans that prioritize the stability and best interests of the child, ensuring their needs are met and parental rights are taken into account.

What Happens to My Military Pension in a San Diego Divorce?

In a divorce, military pensions are considered marital property and can be divided by the court. Laws such as the USFSPA allow states like California to distribute retirement pay. However, a former spouse must have been married to the service member for at least 10 years, during which the member performed military service, to directly receive payments. Understanding these parameters can help in reaching a fair agreement. Our attorneys guide you through these regulations and ensure a fair division based on the specifics of your marriage and service duration.

Are There Special Considerations for Military Disability Pay in a Divorce?

Military disability pay is typically exempt from division in divorce judgments, as seen in the 2017 Howell v. Howell Supreme Court decision. Instead, this income is categorized as compensation for personal injury, which affects alimony calculations. It's essential for legal representatives to navigate these distinctions to avoid financial missteps. Our firm is equipped to handle such complexities, ensuring clients achieve equitable results by factoring in all considerations, including potential seamless transitions between active duty and civilian life.

How Do California Laws Impact Military Divorce Proceedings?

California's community property laws define how assets are split in a divorce. These laws apply both to civilian and military divorces, with additional federal guidelines for service members. This dual consideration of state and federal laws requires detailed knowledge to protect rights effectively. Our attorneys at Claery & Hammond, LLP offer tailored legal support, specifically taking advantage of our deep understanding of both jurisdictions to provide reliable legal strategies throughout the divorce process for military families in San Diego.

What Role Does the SCRA Play in My Military Divorce?

The Servicemembers Civil Relief Act (SCRA) plays a crucial role in protecting the rights of active-duty military members involved in legal proceedings, including divorce. It can offer delays and extensions in some cases, bridging time constraints caused by military duties. This protection helps ensure that service members have adequate time to respond to legal actions. Claery & Hammond, LLP works diligently within these legal frameworks to safeguard our clients’ rights, managing all aspects of the divorce so they can focus on their service duties without additional stress.

Contact a Military Divorce Lawyer in San Diego

At Claery & Hammond, LLP, our goal is to listen intently and provide high-quality legal services for any family issue our clients face. If you or your spouse is a member of the U.S. military, contact our firm today to speak with an experienced military divorce attorney in San Diego and learn how we can assist you. Our team understands the unique demands of military service and offers tailored legal strategies to ensure comprehensive protection of your rights during divorce proceedings.

To speak with our experienced San Diego military divorce lawyers, call us at (310) 817-6904 or contact us online today.