Carlsbad Military Divorce Attorneys
Special Issues Related to Military Divorce in San Diego County
San Diego has a high population of military families. Unfortunately, due to the stressors associated with military life, many of these families experience the pain of divorce. At Griffith, Young & Lass, we understand that military divorces require special and unique attention. Whether you are a military servicemember or a military spouse, we can help you understand what a divorce looks like for you and help you come up with a plan that gets you through the process with as much ease as possible.
Child Custody Issues in a Military Divorce
An inevitable consequence of military service is a demanding schedule that services “the needs of the military.” While the military, at times, attempts to be sensitive to the personal needs of the family, the needs of the military always come first. What this translates to in real life, and when going through a child custody battle in a divorce, is the reality that the service member must spend time away from children during deployments or special duty and may have to move residences on a periodic basis.
Child custody orders in military divorces must be sensitive to the special needs of the military family. Our military divorce attorneys in San Diego County can help you understand what this means for you.
Child Support and Spousal Support in a Military Divorce
It is a known fact that it is more common for the dependent spouse of a service member to be unemployed than the dependent spouse of a civilian. The primary reason for this is that the family must move every couple of years when the military member is re-stationed, which leaves little room for the spouse to consider, let alone develop, a career of their own. For this reason, in military divorces we see relatively higher levels of spousal and child support at the outset of the case.
Whether you are a military member or a military spouse, you need to understand your rights when it comes to spousal support and child support. Our Carlsbad military divorce lawyers can help you understand what you can expect to pay or to receive in financial support.
Division of Military Retirement or Thrift Savings Plan Retirement (TSP)
Many military service members will eventually retire from the military and receive the benefits of military retirement. Many will also have contributed to a government-sponsored savings account called the Thrift Savings Plan.
Generally, retirement accounts in California divorces are divided pursuant to community property law. However, in military divorce cases, sometimes the military member may have the option of having the law of his or her home of record control the division of the retirement account. If the law in that State is more favorable, then the military member must identify this issue at the very beginning of the case. Failure to do so could potentially waive the military member’s right to object to the California court dividing the retirement according to community property law.
Consult a Trusted Military Divorce Lawyer in San Diego Today!
The concentrated military presence in San Diego County has given us at GYL the unique opportunity to represent many divorce, support, and custody cases for our country’s heroic servicemembers. This is an honor that we do not take lightly. When facing divorce as a military family, you can turn to GYL for honest, straightforward, and trusted legal support. We know divorce law. We know military law. And, most importantly, we know how to protect your best interests throughout the process.