Oceanside Military Divorce Attorney

Experienced Military Family Law Divorce Attorneys Able to Successfully Navigate the Complex Military Legal Process

Military Divorce proceedings require a unique approach in handling and executing. At Fischer & Van Thiel,PC, we are committed to providing military couples with the same care and quality representation as our civilian clients, while handling their cases with the experienced and tailored representation they require.

The married men and women who serve our country are often subjected to unique situations that can make marriage an uphill battle. Unlike most civilian couples, members of our armed forces sometimes experience difficult circumstances that can put extra strain on a marriage such as long periods of separation, frequent moves, or other issues. 

Over time, even the closest couples can grow apart. Many partners eventually reach a point where it becomes necessary to separate. In these situations, divorce is typically the best option for moving on.

However, in addition to the already challenging aspects of a Military Divorce, whether you are the Divorcee or the Divorcer, this process can be considerably more difficult with issues such as child custody and division of property. Therefore, having an experienced Oceanside Military Divorce Attorney Representing your Interests is essential.

Regardless of how amicable your divorce is, whether you are the Divorcee or the Divorcer, dealing with the legal matters necessary to finalizing a divorce can be difficult. This is particularly true when other complexities are introduced, such as a spouse who lives in another country.

Fortunately, with the help of an experienced Military Divorce Attorney, you can finalize your divorce while effectively resolving all the issues and disputes along the way. Our Fischer & Van Thiel, PC team is dedicated to helping Camp Pendleton Military Service Members find the resolutions they need without extensive courtroom litigation to begin moving on with their lives.

Give us a call at (760) 722-7646 or contact us to schedule your Free Consultation.

Military Divorce Paperwork Filing Considerations

If you are currently on leave for active duty, there are several options available if you wish to file for divorce.

Filing Consideration can include:

The state where you currently reside.
The state where the military member is stationed.
The state that the military member has their as their legal residency.

Divorce proceedings are subject to the state’s laws in which papers are filed. The laws in this state will also determine child custody, child support, and property division.

At Fischer & Van Thiel, PC, we ensure our clients fully understand the implications of where they file for divorce and that the couple is fully aware of all terms and conditions outlined in the Uniformed Services Former Spouses’ Protection Act.

This Act determines legal awards, such as military pay, military pensions, and child support, provided to a service member’s ex-spouse following a divorce.

Give us a call at (760) 722-7646 or contact us to schedule your complimentary consultation.

Calculating Spousal Marital Share for Active Military Members

The pension a former spouse is entitled to depends on various calculations.

There are different methods of calculating this percentage and the document filed with the court must clarify the formula used to create the proposed payment amount.

Three Methods of Calculating Pension Payments:

Net Present Value – most commonly used if a spouse wants a form of buyout upfront.
Deferred Distribution – a share amount is calculated during the divorce, but the receipt of funds is deferred until the service member retires.
Reserve Jurisdiction – the most common method which shares the former spouse’s receives and is calculated at retirement.

The Defense Finance and Accounting Services also makes direct retirement payments available. For a former spouse to be eligible to receive direct retirement payments, the couple must have been married 10 years overlapping 10 years of service.

For example, if a couple was married for 15 years, and one spouse was in the military for 8 years, the other spouse would not be entitled to direct payment of DFAS.

The other spouse would be entitled if the same couple was married for 12 years and the military spouse was active for 10 years. This requirement may vary depending on the state law, however, California requires a 10-year service period.

If the non-military spouse does not qualify for the DFAS that does not completely eliminate their eligibility.

To receive a portion, the criteria and basis for direct retirement payments would need to be outlined in the divorce settlement agreement.

Military retired pay can also be accounted for separately or in addition to child or martial support. The maximum pension income a former spouse can receive is covered by 50% of the military retirement pay.

Uniformed Services Former Spouses’ Protection Act

The USFSPA was created in response to earlier legislation denying states the ability to regulate the status of military member assets.

The Act guides the military to accept state statutes addressing child custody, military pension and pay, and child and marital support.

While states have always had the power to treat retirement and pension plans just like any other marital asset, the USFSPA permits the states to classify military retired pay as property instead of income.

Different Types of Divorce Proceedings

Depending on the circumstances of their unique situation, a couple, Military or Civilian, may pursue a divorce in several different ways. At Fischer & Van Thiel, PC,we handle them all.

Our Divorce Legal Service Team Assists Clients with the Following:

Mediated Divorces
Simplified Divorces
Same-Sex Divorces
Military Divorces

No matter which of these types of divorce you feel is right for you, it is always best to have an experienced and knowledgeable Divorce Lawyer on your side, guiding you through the often frustrating divorce process and making sure your interests are represented every step of the way.

Causes of Irreconcilable Differences

“Irreconcilable differences” is a term used when neither spouse is at fault for a divorce. In many of these cases, the couple simply cannot agree on some fundamental issues, and the spouses subsequently struggle to maintain the foundations of their marriage.

Some of the issues that may lead to irreconcilable differences in divorce include:

Political differences
Religious differences
Domestic issues

Contested Vs. Uncontested Divorce

An uncontested divorce in San Diego occurs when both parties agree on how they will settle the terms of their marriage. Most often, couples will choose the option to save on time and expense, as it can help can help reduce the cost in comparison to divorce litigation.

Contested divorce, on the other hand, is often fraught with issues that can often be more highly disputable. You may not be able to come to an agreement with your spouse, and thus it may require more time to define and pursue your goals.

Recommended Reading

Mediated Divorce [Overlooked Benefits You Need to Know]
Shoule You Prepare for Divorce Before You Even Suggest It
Top-3 Overlooked Costs During Divorce Litigation

Experienced Divorce Attorneys You Can Count On

Fischer & Van Thiel, PC provides over 57 Years of Combined Family Law Counsel Experience dedicated to Your Family through the Military Divorce Legal Process.

Military Divorce is rarely a simple matter, due to military obligations and logistics, but when the spouses pursuing divorce are parents, it can become much more complicated.

Finding a reasonable balance that respects both parents’ rights and protects the children’s interests can often be difficult.

At Fischer & Van Thiel, PC, we know the importance of child welfare and the damage it can cause if a person does not get the arrangement they want or feel is best for their children.

For this reason, it is typically best to have a lawyer intimately familiar with military family law and divorce issues representing your interests. Our Divorce Attorneys have the skill and experience to effectively resolve your case and protect you and your family’s interests.

Experienced Representation for Your Family Law Needs

At Fischer & Van Thiel, PC, we provide over 57 years of combined experience in family law, dedicated to supporting you and your family throughout the legal process. Some of the family law practice areas we specialize in include:

• Divorce: Guiding you through the complexities of divorce law proceedings.
• Child Custody: Advocating for the best interests of your children in custody matters.
• Child Support: Ensuring fair and just child support arrangements.
• Domestic Violence: Protecting victims of domestic violence and their families.
• Estate Planning: Helping you plan for the future of your family.
• Legal Separation: Assisting with legal separation agreements.
• Paternity: Establishing legal parentage for children.
• Civil Harassment: Protecting individuals from harassment and abuse.
• Adoption: Assisting with the legal process of adoption.
• Spousal Support: Ensuring fair spousal support arrangements.
• Property Division: Helping you navigate property division in divorce.
• Prenuptial Agreements: Drafting agreements to protect your assets in marriage.

If you are facing any of these family law issues, contact us today for a consultation. Our experienced team is here to provide compassionate and effective legal representation for you and your family.

Partnering with the Best Military Divorce Lawyers who have expert experience understand the Family Law Legal System in San Diego County, who is attentive to your family’s needs, is always your best Legal Strategy. Give Fischer & Van Thiel, PC a call at (760) 722-7646 or contact us to schedule your complimentary consultation.

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