A divorce can turn your life upside down, and things often get more complicated when one or both spouses are in military service, making it crucial to consult with a certified family law specialist.
For instance, according to San Diego statistics, the divorce rate among military personnel is generally higher than that of the civilian population.
Unique challenges in military divorces include deployments, which add complexity to divorce proceedings by complicating communication and participation in legal processes.
Additionally, determining the appropriate jurisdiction for filing a divorce can be tricky due to the frequent relocations of military families.
At Moshtael Family Law, we pride ourselves on our military divorce attorneys who blend compassion with assertiveness. By aggressively representing our client’s interests, we strive to secure the most favorable outcomes possible in divorce cases.
Challenges in Military Divorce
Although in many respects the military divorce process is comparable to a civilian divorce, there are specific procedural concerns to tackle when at least one party is a serving military member. The US government has passed the SCRA (Servicemembers Civil Relief Act) to enable active military personnel to halt or temporarily delay civil proceedings against them, allowing them to focus on their immediate military obligations.
Since the SCRA applies to military divorce cases, it protects active duty military members in various ways, such as:
- If you are actively serving in the military and a default judgment is issued against you, or it occurs within 30 days of your discharge, you may have the option to invalidate it.
- If you are presented with a summons while serving in the military, you may be eligible to delay the divorce proceedings for a reasonable duration, as per federal law.
As a civilian spouse of a serving military member, you may need to navigate a highly intricate procedure to guarantee that the divorce proceedings are advancing as expeditiously as possible due to the SCRA.
Our proficient divorce lawyers in san diego will take care that your divorce or family law matter is handled by the state and federal regulations while ensuring that your rights are fully protected. These are people who have been through the legal corridors before and know where dangers are most likely hiding.
Frequent Relocations and Jurisdictional Issues in a Military Divorce
Since military service members on active duty can be stationed anywhere in the US or abroad, determining where to file for divorce can be confusing, often requiring consultation with family law attorneys to understand jurisdiction issues. This aspect also makes military divorces distinct from civilian ones. In a civilian marriage, a spouse will file for divorce in the county where they reside. However, military spouses must file for divorce in the location where they are posted or stationed, or in the state where they are a resident.
If you haven’t been stationed in a particular location for very long and do not have legal residency in the state where you currently live, you will have to file in the state where your spouse is a resident. Alternatively, you might need to wait and file when your or your spouse’s situation changes. If you want to file in California, either you or your spouse should be stationed here or have residency in the state, as specified by California state jurisdiction.
Division of Military Benefits in a San Diego Divorce
The Uniformed Services Former Spouse Protection Act (USFSPA) protects your rights and ensures you receive the benefits you’re entitled to even after your divorce. These benefits may include using military exchanges and commissaries, free medical care, retirement benefits, and eligibility for a survivor’s benefit plan, as regulated by federal law.
A military member’s spouse is entitled to part of the retirement pay after a military divorce if the couple was married for a minimum of 10 years, including a 10-year overlap with active military service. There are two specific benefit plans, depending on the number of years a couple lived together during which a member was on active duty:
- 20/20/20 rule — This means 20 years of marriage, 20 years of service, with a 20-year overlap between them.
- 20/20/15 rule — This means 20 years of marriage, 20 years of service, with a 15-year overlap.
People eligible for military spouse entitlements per the 20/20/20 rule get exchange benefits, lifetime medical privileges, and commissary, all of which cease if a dependent spouse is enrolled in an insurance plan their employer provides or if they get married. People with eligibility under the 20/20/15 rule have only a year of access to medical institutions (pharmacies and hospitals) and health coverage.
Impact of a Military Divorce on Your Pension
A military pension may be involved if a divorcing service member has served for at least 20 years. Military spouses may sometimes overlook the financial significance of pensions in a divorce, but the effects on their future income and financial security can be considerable.
For example, after 20 years of service, a Captain or Colonel could receive a retirement pension of as much as $72,000 or more annually. Obtaining either a fixed amount or a portion of the pension as part of the divorce settlement will typically result in the most advantageous outcome for military spouses going through a divorce.
The pension doesn’t become an issue in a divorce if the marriage has lasted for less than 10 years. The pension that the ex-spouse receives ends upon the military spouse’s death unless there is a Uniformed Services Survivor Benefit Plan in place.
Health Coverage After a Military Divorce
Following a divorce from a service member, the non-military spouse has two alternatives, which should be carefully considered with advice from family law attorneys.
The first is to choose free TRICARE coverage if the marriage lasted for a minimum of 20 years during the service member’s active duty. If they do not qualify for TRICARE, the other alternative is to purchase conversion health coverage, referred to as the Continued Health Care Benefit Program (CHCBP).
Child Custody and Support in Military Divorces
When determining child custody and visitation in San Diego, the court will not show bias for or against a co-parent currently serving on active duty. When divorcing a military member, the other spouse must recognize that the military spouse may not be present in a child’s life while they are on active duty. The possibility of a service member being deployed outside the country or state at any moment is insufficient to modify a custody order or visitation schedule.
The couple can approach the courts for modification if the situation is more long-term and will likely affect their children. If military families with kids agree on all aspects of their divorce, including issues related to child custody, they might choose an uncontested divorce. In this type of divorce, the spouses have the freedom to settle visitation and custody matters between themselves without any court intervention or orders.
The state guidelines are followed while calculating child support, and the number of kids involved, the income of both parties, and the amount of time the child spends with each parent are all factored in. The child support amount cannot exceed 60% of a military member’s allowances.
Spousal Support in a San Diego Military Divorce
In San Diego, one of the parties may request the court to issue an order for spousal support. Similar to a civilian divorce, in a military divorce, the higher-earning spouse is typically responsible for paying alimony, which a judge determines during the proceedings. The criteria considered when determining a support order include:
- The duration of the marriage
- The parties’ financial needs and obligations
- The education level and skills a dependent spouse needs for employmentThe age and health of each spouse
Spousal support is generally capped at 60% of the military spouse’s pay and allowances, in line with federal law guidelines. If a couple has been married less than 10 years, the supporting spouse will have to pay for the duration equal to half their marriage’s length. The support will cease if the dependent spouse passes away or remarries.
Why Choose Our Military Divorce Attorneys?
When facing the unique challenges of a military divorce, having a knowledgeable and experienced attorney by your side is crucial. At Moshtael Family Law, our team of dedicated attorneys brings a wealth of experience and understanding to every case. Here’s why you should choose us:
Experience with Military Divorce Cases:
Our attorneys have extensive experience handling military divorce cases. We understand the complexities involved, including the specific regulations and requirements that differ significantly from civilian divorces. Our track record of successful outcomes speaks to our ability to navigate these challenging cases effectively.
Understanding of Military Laws and Benefits:
Military divorces involve unique legal considerations, such as the division of pensions and benefits, understanding the Uniformed Services Former Spouses’ Protection Act (USFSPA), and addressing the impact of deployments on custody arrangements. Our attorneys are well-versed in military laws and stay up-to-date with any changes to ensure that your rights are protected and you receive the benefits to which you are entitled.
Personalized Approach to Meet the Specific Needs of Military Families:
Every military family is unique, and we believe that your legal representation should reflect that. We take the time to understand your specific circumstances, including the challenges posed by military life. Our personalized approach ensures that we address your concerns and provide solutions that are tailored to your family’s needs. Whether it’s dealing with relocations due to PCS orders or adjusting custody arrangements during deployments, we are here to support you every step of the way.
Our firm is dedicated to providing exceptional legal representation to military families in San Diego. Trust us to manage your military divorce with the expertise, dedication, and personalized care it deserves.
Specialized Military Divorce Services:
Our legal team provides a full range of services tailored to meet the unique needs of military families going through a divorce. Our comprehensive military divorce services include:
Legal Representation and Advice Throughout the Divorce Process:
From the initial consultation to the finalization of your divorce, our experienced attorneys provide expert legal representation and advice. We guide you through every step, ensuring you understand your rights and options, and help you make informed decisions.
Assistance with the Division of Pensions and Benefits:
Dividing pensions and benefits can be complex and requires a thorough understanding of military regulations and laws. Our attorneys are well-versed in handling these issues, ensuring that you receive a fair and equitable division of assets.
Handling Child Custody and Support Issues:
Child custody and support are critical components of any divorce, and they can be especially challenging for military families. We work diligently to develop custody arrangements that consider the unique demands of military life, including deployments and relocations, while prioritizing the best interests of your children.
Support with Relocation and Deployment-Related Matters:
Military families often face frequent relocations and deployments, which can complicate divorce proceedings. Our attorneys provide support and guidance on how to address these issues, ensuring that your custody agreements and other arrangements are flexible and adaptive to your changing circumstances.
Hear from Our Clients
We are proud to deliver exceptional service and successful outcomes for our clients, including military families. Hear directly from some of the families we have had the privilege of representing:
“First I would like to thank Father God for bringing Mr. Moshtael into my life. I’ve gone through 3 family attorneys and all of my experiences have been miserable. Today in court I witnessed a true master at his craft. Mr. Moshtael was recommended by a friend of mine who praised Mr. Moshtael describing him to me as a general leading you into battle. Against the odds, I saw Mr. Moshtael in action and it felt like I had an actual Judge representing me. Brilliant, intelligent, knowledgeable & composed, I can’t say enough about this man.” – Steve A.
“I substituted Navid Moshtael in as my attorney in a very involved custody situation. I have had experience with other family law attorneys and I can say that I have never seen a more well-prepared and highly skilled attorney. He knows the law integrally. Some attorneys would rather negotiate because they fear the courtroom. Navid is about securing results. I highly recommend him and his firm.” – Joseph V.
Experienced Military Divorce Lawyers Ready to Advocate for You
Our experienced military divorce lawyers are here to guide you through the complexities, protecting your rights every step of the way. With over 185 years of combined legal expertise, we offer straightforward advocacy tailored to your unique needs. Contact our San Diego team today at 619-639-9898 for a free consultation.
