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Military Divorce in San Diego

Lawyers Helping Military Families Seek the Best Possible Solution

At Law & Mediation Firm of Klueck & Hoppes, APC, we have decades of professional experience handling divorce and family law issues that affect military families.

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 Law & Mediation Firm of Klueck & Hoppes, APC, 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.

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 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.

Division of Military Pensions & Retirement

The Uniformed Services Former Spouses’ Protection Act (USFSPA) of 1982 provides financial protections to spouses of military members. If the marriage lasted 20 years or longer, overlapping with 20 years of military service, the non-military spouse will be entitled to a portion of retirement payments, pension, and other benefits.

Health CAre Coverage After a Military Divorce

The non-military spouse has two possible options after a divorce. First, they can opt for no-cost coverage under TRICARE if the marriage lasted for at least 20 years during the service member’s active service. Their other option is to buy conversion health coverage if they do not qualify for TRICARE. This is called the Continued Health Care Benefit Program (CHCBP).

Taking the Worry Out of Military Divorce in San Diego

Most people going through a military divorce have no idea what may happen. They worry about the legal system, and their pre-conceived notions are not always correct. At Law & Mediation Firm of Klueck & Hoppes, APC, we believe in talking honestly with clients, so that they know exactly what to expect when facing a family law conflict.

Many people face a great deal of intimidation from the other people involved in their family law conflict. Some are even told terrifying things, like how they may not see their kids again. We help our clients understand the law, so they know their rights and can have confidence that their attorney is helping them to achieve the best possible results.

We offer a one-hour consultation where we discuss the matters you face and talk with you step-by-step about the best approaches. There are many myths and misconceptions that have developed around family law. During the consultation, we will help you separate truth from fiction so that you don't have to worry as much about negative outcomes.

Speak with Recognized Experts in Family Law

Our firm has a simple role: find out what our clients need, and fight for it with the fullest extent of our skill and experience. That is why our San Diego military divorce lawyers are known for being understanding and kindhearted-we recognize that we are not representing a case; we are representing a person with unique needs and hopes.

Because we have represented our clients so well, we have been recognized in multiple ways:
  • Inclusion in Super Lawyers®
  • Perfect 10.0 rating on Avvo
  • Board Certification in Family Law
  • Best Overall Law Firm as voted by San Diego citizens
  • 3 lawyers included in Best of the Bar in San Diego Business Journal

Our military divorce attorneys in San Diego are known for their compassion with clients and aggression in the courtroom. When you want lawyers who will have your back, turn to our firm.

Call (619) 577-4900 or contact us online to schedule a free consultation — we promise to return your call or email within 1 business day.

  • San Diego’s Best of 2020
  • Divorce Lawyers El Cajon
  • 2020 IAE
  • California State Bar Certified
  • Super Lawyers
  • Avvo 10.0 Rating
  • The National Trial Lawyers: Top 100 Trial Lawyers
  • Best Arbitrators & Mediators in San Diego 2018
  • The National Advocates: Top 100 Lawyers
  • Best of East County

Words From Our Clients

  • Thanks for your integrity and caring. Bob H.
  • She gave me my life back.
    Lynne T.
  • Great Job! Alex N.
  • Mr. Klueck is someone who is very knowledgeable and will go to bat for you 110%. Renee
  • G.K is beyond amazing. Lisa J.
  • Mr. Garrison Klueck is a very caring, considerate and thoughtful human being. Ron
  • I would recommend this firm to anyone going through this difficult period in their lives. Garcia, P.
  • Without his wisdom and guidance my daughter would be living a chaotic life with a self serving, irresponsible mom. Michael
  • Gentle but strong! Cami
  • Customer service and compassion was excellent! Ida
  • You guys are truly the "Dream Team." Tom G.
  • Best of the best John K.
  • He is honest and will work for you! DR
  • Represented me like no other attorney has ever done. Leonardo C.
  • He is very knowledgeable and understanding. Karen
  • For the first time in this 10 year ongoing ordeal, I feel I have a powerhouse in my corner! Veronica
  • If something arises in the future that requires me to retain another lawyer in family court, this will be the firm I go with again
    Aaron F.
  • You and your firm are amazing! Jenn S.
  • I appreciate all the hard work everyone demonstrated during my legal issue, first and foremost Garrison
    Jean M.
  • I highly recommend Mr. Klueck as a Mediator Attorney. Sherry W.