Military Family Law Attorneys in San Diego
Serving Military Clients in San Diego, Los Angeles, Riverside, & Orange Counties
When faced with family law issues, military servicemembers and their spouses are subject to specific laws that civilian couples are not. Because of this, it is important that you turn to a law firm that is well-versed in the unique aspects of these laws as they apply to your divorce or other family law issue. At Khosroabadi & Hill, we understand the particular rules and regulations that impact military family law issues and can provide the competent representation you need in navigating these critical issues. Our firm brings you the team approach of several knowledgeable attorneys working together on your behalf. We strive to build a legal strategy devised to help you obtain positive results based on your needs and goals.
We can help you with the following issues:
- Divorce. This includes how to file for divorce and what jurisdiction is best in which to file.
- The Service Members Civil Relief Act (SCRA) that applies to servicemembers on active duty during divorce.
- Military child support. This is based on your pay and can change when transfers or deployments occur. Thus, courts need to understand the factors that can impact this issue.
- The division of military pensions and retirement in divorce. This issue may be subject to the Uniformed Services Former Spouses’ Protection Act (USFSPA).
- Child custody and visitation. Military relocations may impact this issue.
- Spousal support. This may or may not be awarded based on the facts of your case. Military allowances and pay rankings can also impact these calculations.
- Modifications of existing family court orders pertaining to child custody, child support, or spousal support.
Family law issues like the above can be complicated matters for any couple. In the case of military servicemembers, they can be even more complex due to federal laws that may apply.
Military Laws Impacting Divorce & Family Issues
The jurisdiction where you file for divorce can impact how military pensions are divided. Federal law mandates that a servicemember’s state of residence has the authority to divide pensions. Therefore, if a non-military spouse files in a different state, the court in that state may not have the power to address this pension issue.
The Service members Civil Relief Act (SCRA) gives servicemembers on active duty the right to request a 90-day stay in divorce proceedings. This prevents court action from taking place in their absence due to deployment or other active service demands. These servicemembers can also request a 60-day delay once their active duty is concluded.
The Uniformed Services Former Spouses’ Protection Act (USFSPA) establishes certain rules regarding pensions and other benefits for the divorced spouses of servicemembers. In cases where the length of the marriage was 20 years or more during which time the servicemember remained in service for at least 20 years, the non-military spouse is granted a portion of the military pension, retirement pay, and other benefits.
Going through a military divorce or other post-divorce issue can be a daunting affair. Your military service or career can impact your ability to devote time to handling your family law matter and you may have little experience with the legal system. This can lead to confusion, uncertainty, and even intimidation, especially when spousal conflict is high. Khosroabadi & Hill is here to ensure that you understand the law, your rights, and what to expect in navigating the system. We are here to ensure that your rights are protected, and your best interests are served through thorough preparation of your case and dedicated advocacy throughout all proceedings.
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“She puts her clients first, explaining the process what she can do, what she can not do and does not generate unnecessary billable hours.”
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