Military Divorce Lawyer in San Diego

Top 5 things to know about a military divorce

Military divorces can be significantly more complex than civilian divorces due to the unique challenges faced by service members and their families. Issues such as military pensions, deployments, and federal rules make it essential to work with an experienced Military Divorce Lawyer in San Diego who understands both California family law and the specific federal regulations that apply to military families. Whether you’re a service member or a military spouse, having the right legal guidance can help protect your rights and simplify the divorce process.

In this article, we’ll explain the top five things you need to know about military divorce, especially if you’re working with a Military Divorce Attorney in San Diego. From dividing military pensions to handling custody during deployment, understanding these key issues can make a big difference in how your case proceeds.

Top 5 Things to Know About Military Divorce

1. Division of Military Pensions

One of the most important, and often misunderstood, issues in a military divorce is the division of the military pension. In California, pensions are considered community property and are divided 50/50 for the time accrued between the date of marriage and the date of official divorce, not the date of separation as in most civilian divorces.

For example, if a service member was in the military for 20 years but was married for only 10 of those years before the divorce was finalized, only the portion earned during those 10 years is subject to division. A San Diego Military Divorce Lawyer will assist with division of this asset/

It’s critical to work with a Military Divorce Attorney in San Diego who is experienced with pension division and can coordinate the preparation of a proper court order to divide the pension, such as a Military Pension Division Order (MPDO).

2. Divorce Can Be Postponed During Deployment

Service members on active duty or deployed overseas are protected under the Servicemembers Civil Relief Act (SCRA). This federal law allows military personnel to request a stay or postponement of court proceedings, including divorce, if their military duties interfere with their ability to respond or appear in court.

This protection helps ensure that military members are not disadvantaged due to their service commitments. A knowledgeable Military Divorce Lawyer in San Diego can help service members invoke this right and explain the proper procedures for requesting a stay.

3. Visitation and Custody During Deployment

Custody arrangements in a military divorce must account for the unique challenges of deployment and relocation. In many cases, a military parent may have to be away from home for extended periods. California law allows for delegation of visitation rights to a designated family member, such as a grandparent, during deployment if it is in the best interest of the child.

A Military Divorce Attorney in San Diego will help draft a parenting plan that includes temporary custody arrangements, virtual visitation options, and post-deployment adjustments. These plans can reduce disruption to the child’s life and protect the service member’s relationship with their child.

4. The 10/10 Rule for Pension Payments

Another important aspect of military divorce is the “10/10 Rule.” This federal rule states that if the couple was married for at least 10 years, and the service member performed at least 10 years of creditable military service during that marriage, then the Defense Finance and Accounting Service (DFAS) can make direct pension payments to the former spouse.

This rule does not affect eligibility to receive a share of the pension, it only impacts how the payments are made. If the 10/10 rule isn’t met, the former spouse must receive their share directly from the service member, which can sometimes lead to enforcement issues. A qualified Military Divorce Lawyer in San Diego will guide you through the proper documentation and ensure that pension payments are handled smoothly.

5. Survivor Benefit Plan (SBP) Considerations

One often-overlooked issue in military divorces is the Survivor Benefit Plan (SBP), which allows the former spouse to continue receiving pension payments after the service member’s death. The SBP is not automatic; it must be addressed in the divorce decree and submitted within one year of the divorce. Without this election, the spouse may lose their rights permanently.

A seasoned San Diego Military Divorce Lawyer will ensure SBP coverage is discussed and correctly included in the divorce judgment if agreed upon or ordered by the court. This is a critical benefit for many spouses, especially those who sacrificed career opportunities or income to support their partner’s military career.

Conclusion

Military divorce involves a complex blend of California family law and federal military regulations. From dividing pensions to understanding custody laws during deployment, working with a Military Divorce Attorney in San Diego is the key to ensuring a smooth and fair process. Whether you are the service member or the spouse, a knowledgeable San Diego Military Divorce Lawyer can protect your interests and help you navigate the challenges unique to military divorce.

Here’s a quick recap of what you should remember:

• Military pensions are divided based on the time between marriage and official divorce.
• Deployed service members can request a legal postponement under the SCRA.
• Visitation can be delegated to another family member during deployment.
• The 10/10 rule determines whether DFAS pays the former spouse directly.
• SBP elections must be handled properly to protect future pension benefits.

Divorce is never easy, but the right legal support makes a world of difference. Choose a Military Divorce Lawyer in San Diego who understands your unique situation and has the experience to represent you with strength and compassion.

Whether you’re active duty, a veteran, or a military spouse, don’t wait, consult with a Military Divorce Attorney in San Diego today to protect your future.

Contact us at 619-737-3919 to schedule a 30-minute initial complimentary consultation to discuss your personal situation.

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