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. 

Tips from a Local Custody Lawyer

Custody is complicated, and you need a lawyer on your side.  This is the single most important aspect to any divorce proceeding because you have to live with the results every day until your child turns eighteen.  Unlike a home or a car that you can move on from, the custody arrangement you share with your spouse ties you to that person, regardless of whether or not you want to be.

We understand that in a divorce emotions are high, and it can be difficult to think clearly and to strategies.  That is where we come in.  We can listen to your goals and create a strategy to help you achieve them.  This includes what needs to be done before you ever set foot in a courtroom.  By creating and implementing a clear strategy, you will be more likely to receive the custody arrangement that you desire.

As your lawyer, there is a lot of strategy that goes into preparing for your divorce trial.  Evidence needs to be gathered that shows how involved of a parent you are and why you should be awarded the custody arrangements you are requested.  Times have changed and judges no longer award custody to the mother, simply because she is the mother.  Both parties have an equal chance and many times the only thing in your favor is a good legal strategy.  We understand the importance of preparation and take it very seriously so that we can give our clients their best chance of success.

More likely than not, you will be awarded joint custody in California.  This is where both parents are allowed a set amount of time with the children and can both be involved in the decision making process.  This includes deciding where they will go to school, their religious upbringing, what doctors they see and how they are treated.  Basically, every major decision must be made after agreeing.  Many divorce couples find it difficult to have this level of discussion and come to an agreement.  When this is the case, you are best served by having a mediator assist with the negotiations.

If your day in court has come and gone, you can always have your custody arrangement re-examined.  If you have new facts or the situation has changed, a judge can review this aspect of your case to determine whether or not it warrants reconsideration.  For example, if your job situation has changed or the children are significantly older, the current plan may no longer make sense. If you want to change your custody arrangement, this is called a modification. 

The most important thing to remember with a modification is that it requires something to have changed.  It isn’t enough to change your mind.  The facts and circumstances need to be different in either you or your ex’s life.

If you are getting a divorce, or are thinking about a modification, give us a call. We are happy to assist you and will help you to navigate the choppy waters of a custody battle so that you and your children receive the best possible outcome.