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Military Divorce

Military Divorce in San Diego

Lawyers Helping Military Families Seek the Best Possible Solution

At Family Law San Diego, we have decades of professional experience handling divorce and family law issues that affect military families.

We Can Help with Any Military Divorce Matter:

Our attorneys have received specific training in military divorce and our founding and principal attorney, Garrison Klueck, has spoken on the issue before other attorneys. The military divorce lawyers at our San Diego office understand the unique needs of individuals in the military and their loved ones.

Our Heroes' Discount

Many people are concerned about the costs of seeking legal help. At Family Law San Diego, we offer a heroes' discount. The discount gives 10 percent off attorney’s fees to people on active duty in any branch of the military. Veterans who have received honorable or general discharges and dependents of active duty military are eligible for a 5 percent discount. *Discount is to be requested upon initial retention with valid ID, and is not automatically applied.

How Do I FIle for Military Divorce?

The law generally allows the filing of a divorce to take place in the state where the husband or wife has a legal residence. Because of this, the person initiating the divorce will typically file in the state where he or she lives when it is the legal residence of one or both parties. This is hardly unique to military divorce. What is unique, however, is how the state handles the division of military pensions.

According to federal law, the state of the legal residence of the military member always has the power to divide the military pension in a divorce. Therefore, if the non-military spouse files for divorce in a state that is his or her legal residence and not the legal residence of the spouse, the court might not have the authority to divide the pension.

Where to File for a Military Divorce

For those in the military who are seeking a divorce, they have several options for which jurisdiction they may file. They can file for divorce in the state where the military service member claims legal residence, the state where the non-military spouse resides, or the state where the military service member is stationed. Our military divorce lawyer can analyze your situation and help you determine which jurisdiction you should choose.

How Long Does a Military Divorce Take?

Typically, when a spouse files for divorce, the other must file a formal response within a specific timeframe; however, for active duty service members, the Service Members Civil Relief Act (SCRA) allows them to request a stay, which essentially delays proceedings if their duties prevent them from participating in or responding to court action. This is so they can focus their attention on their duty and service.

Under this federal law, military personnel are allowed to delay legal proceedings during the time they are on active duty. They can also request a delay of 60 days after their enlistment is concluded. This means a divorce may take longer or be delayed because of the service member’s deployments or other duties.

The initial stay can last for at least 90 days, but the divorce cannot be postponed indefinitely.

Military Child Support

Child support is determined by state law and typically based on the total entitlements of the service member, which includes base pay, basic allowance for housing, basic allowance for subsistence, and any special pays. Once this amount is set by the court, only the court can change it.

For military families, it is crucial that the court understands the elements involved in a service member’s pay and to understand the potential for those amounts to change based on deployments, base transfers, and other factors.

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LEADERS IN FAMILY LAW

Reasons To Work With Family Law San Diego
  • Comprehensive
    As skilled litigators, mediators, and negotiators, our firm is prepared to handle any type of family law case.
  • Collaborative
    Working together, we pull from our unique backgrounds and resources to achieve the best results possible.
  • Innovative
    We create tailor-made solutions to fit the unique needs of every client and help them move forward favorably.
  • Dedicated
    We are committed to serving a diverse clientele, all the while protecting the interests and fulfilling the needs of clients.

GEt Informed

WE GIVE OUR CLIENTS A VOICE

CLIENT TESTIMONIALS
    "We felt like we were in great hands the entire time."
    I am grateful to have had them on my side during this difficult time and would recommend them to anyone needed someone genuine on their side.
    Frank
    "Their stellar reputation in the community is a testament to their dedication"
    Their team of dedicated attorneys brings extensive experience and a deep understanding of family law, ensuring clients receive top-notch legal representation. What sets Family Law San Diego apart is their compassionate approach and personalized attention t
    Claude
    "They listened to my mother's situation with genuine compassion"
    The level of care and attention to detail they provided was truly exceptional. Phone calls and emails were answered almost immediately, and we always felt supported, heard, and prioritized.
    Carolina
    "They handled my divorce case with incredible expertise and professionalism"
    Their dedication to achieving the best possible outcome was evident throughout the process, and they truly went above and beyond to alleviate my stress during this difficult time.
    Jasmine
    "I would absolutely recommend this firm for any of your family law needs."
    You will be met with kindness and genuine interest that is only outmatched by Mr. Klueck's professionalism and years of experience.
    Gerilyn H.
    "I had a difficult situation and he masterfully navigated throughout the entire process."
    He listened attentively, quickly understood the situation, and skillfully represented me in the courtroom. I am grateful for the expertise dedicated to my legal issue.
    Jean M.
    "I can’t thank them enough for bringing me such relief."
    They took care of everything for me. They also took the time to explain the details in simple terms not with the scary vocabulary one sees laws with as it’s not our language.
    Miriam