When you or your spouse are in the military, deciding to get divorced presents a unique challenge. However, divorce in a military city, like San Diego, is relatively common among families that have moved a few times in as many years.
As a divorce lawyer that serves local military families in San Diego, I offer a free consultation to any service member stationed in the area. Together, we’ll discuss complicated divorce issues, ranging from the distribution of property to child custody and spousal child support. I will take the necessary steps in ensuring that you achieve the outcome that works best for you and your family.
Where Do Military Personnel Get Divorced?
If you are one of the 95,000 military personnel in and around San Diego who are planning to get a divorce, where exactly do you need to go for your divorce issues to be judicially determined?
Hint: It’s probably not the nearest courthouse.
To get the proper answer in your case, all you have to do is tell me how long both you and your spouse have resided in California, and specifically in the area of San Diego County. I can then point you in the right direction for your divorce filing.
How I Can Help
A military divorce differs from its civilian counterpart in ways that ordinary divorce lawyers may not realize. The Uniformed Service Former Spouse Protection Act specifically dictates how military benefits will be calculated and divided.
Uniformed Service Former Spouse Protection Act
According to the act, if you get a divorce from a member of the military and remain unmarried, you may receive theater, exchange, commissary, and medical privileges if your marriage lasted 20 years, your future ex-spouse served for 20-plus years (that count toward his or her retirement), and you were married to this person during those 20-plus years of military service. This is known as the 20-20-20 rule.
Even if you don’t meet this rule’s requirements, you can still take advantage of your health care, commissary, and exchange benefits until the divorce process has been finalized. Also, you can expect to lose your military housing within the 30-day period following the other party’s moving out as a result of the divorce.
Navigating the Uniformed Service Former Spouse Protection Act can understandably be complicated and overwhelming. This is why hiring a military divorce lawyer early on in the process is so critical.
Additional Issues Faced By Those Going Through Military Divorces
Skilled military divorce lawyers in San Diego are especially important if your divorce case involves assets of high value or the custody of minor children. A lawyer can help you to navigate complex matters such as owning property overseas at the time of your divorce. In addition, a lawyer can help you to determine next steps if one of you cannot attend your divorce trial due to duty requirements.
Because a military divorce can be complicated, personnel stationed in and around San Diego should contact me right away. Schedule a free consultation now to find out how I can protect your unique rights as a military spouse or military member.