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, which means you need a San Diego military divorce lawyer. 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 or contact us online today.

Andy Cook Law — Certified Family Law Specialist

If you’re going through a divorce and one or both spouses are in the military, you could be facing some very unique difficulties, but that’s where Andy Cook, a trusted CFLS (Certified Family Law Specialist) attorney, comes in. A CFLS attorney has extra training and experience in family law, which means they have a deeper understanding of the issues that can come up in military divorces.

A CFLS lawyer is a family law attorney who has gone above and beyond to get a special certification from the State Bar of California. To earn this certification, an attorney must meet strict requirements that set them apart from regular, run-of-the-mill family law lawyers.

First, the majority of their practice focus must be on family law; they also need to complete a certain number of hours in continuing their legal education, which allows them to stay up-to-date with the latest family law changes.

Next, a CFLS lawyer has to pass a difficult exam that covers all aspects of family law, from divorce and child custody to spousal support and property division. This makes sure that they have in-depth knowledge of the complexities of family law and can handle even the most complicated cases.

Finally, a CFLS lawyer is evaluated by other attorneys and judges on things like their reputation and level of proficiency — this means they must be highly regarded by others in the legal community.

When you work with a CFLS lawyer, you’re getting someone with training, years of experience, and a proven track record in family law, making them a trusted specialist to handle your case.

Military divorce cases often involve special considerations, like how military pensions and healthcare are divided, how child custody works when one parent may be stationed far away, or how deployments can impact visitation schedules. Andy Cook, as a CFLS attorney, has the experience and skill to navigate these tricky areas, ensuring that everything is properly handled.

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.

What to Expect During a Military Divorce in California

During a military divorce in California, the process is different from a civilian divorce because of the unique circumstances of military service, so understanding what to expect can help you know what comes next and make sure you know how to protect your rights.

First, the divorce process begins just like a civilian divorce — you file a petition, and your spouse is served with divorce papers. However, military service can delay the process if your spouse is deployed or stationed out of state. Because of this, California has special provisions to protect service members from being rushed into a divorce while they’re deployed, which allows the divorce to be temporarily put on hold until your spouse can participate in the proceedings.

Throughout this process, it’s very important to have an attorney with experience in military divorce to help you navigate these unique challenges. At Andy Cook Law — Certified Family Law Specialist — we aim to keep you informed every step of the way.

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.

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. Andy Cook — a Certified Family Law Specialist — 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 or contact us online today.

Military Divorce in California FAQs

Contact Andy Cook Law for a consultation for your military divorce.