Military Divorce Attorney- Carlsbad
Special Issues Related to Military Divorce
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. The family law attorneys at Griffith, Young & Lass understand that military divorces require special and unique attention. Whether you are a military service member 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 into 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 family lawyers can help you understand what this means for you.
Child Support and Spousal Support in a Military Divorce
It is a fact that it is more common for the dependent spouse of a service member to be unemployed more often than the dependent spouse of a civilian. The primary reason for this is that the family must move along with the military member without considering the career of the non-military spouse. 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 military divorce lawyer at Griffith, Young & Lass 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 end up retiring from the military and receiving 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 or could potentially waive the right to object to the California court dividing the retirement according to community property law.
For more information click on John Griffith’s in depth article on military divorce.