Thursday, April 10, 2014

How an Attorney Can Help With a Military Divorce

As a San Diego attorney, we work with a lot of military families that are going through a divorce.  This is a difficult time for anyone and being in the military can present a whole new set of challenges.  There are both California laws and military laws that need to be followed, making hiring an experienced military lawyer an important part of the process.
We work with people that are stationed at North Island Naval Air Station, Camp Pendleton, Miramar Naval AirStation, and Coronado. If you are stationed at a California base, and currently deployed overseas, we can still help you with the divorce process. Since California requires a six month waiting period many soldiers find it best to start the process while they are deployed so that it can be finalized when they return.
Military divorces can be more complicated for several reasons, including:
·         Finances.  As an attorney for military families, we understand how to calculate a soldier’s total compensation.  Military pay is not as straight forward as civilian pay and can be confusing to some attorneys and judges.  This can be made even more confusing during a deployment.  Proper calculations are important for determining child support and spousal support, when applicable.
·         Establishing residency.  Most residency laws are based on where you have been living.  If you have been deployed or temporarily stationed at a different base, this can become complicated.  If your spouse didn’t move with you immediately, this can also complicate the issue.  We can help you to sort out residency issues so that the appropriate jurisdiction can be established.
·         Retirements and pensions.  These are assets that can be divided similarly to how a home or bank accounts can be divided.  We will help you build a case as to what you are entitled to and why.
·         Determining custody.  As a military member, it is important that your custody rights are preserved.  Just because you have been deployed doesn’t mean that you shouldn’t have rights to see your children.  It is important that you have an attorney that can advocate for your rights.  Simultaneously if you are a military spouse you may have specific custody concerns that you want to have examined.  We advocate for our client, regardless of whether they are in the military or married to someone who is.
·         Attorney fees.  In our consultation, we will discuss attorney’s fees and the possibilities of having them paid for by your spouse.  The percentage each person pays is up for negotiations or will be determined by a judge.

We can make it easier to navigate through your divorce and ensure that the outcome is in line with what you desire.  There are no guarantees that you will get everything that you want, so the goal is to get as much as you want as possible.  Working with a lawyer that has worked with military families will help you to achieve your goals.  We will work with military members, stationed here or overseas, and their soon to be ex-spouses.  Our loyalty is to our clients, and we advocate for their best interest in every situation.