Military Divorce Attorney Practice of Carlsbad

Military Divorce Law Attorneys with Years of Experience

Fischer & Van Thiel, LLP provides over 57 Years of Combined Family Law Counsel Experience dedicated to Your Family’s Legal Concerns throughout the Legal Process.

The process of divorce can be a time consuming and emotionally exhausting one, especially if you or your partner is a military service member, which often adds an even higher level of complexity.

While no divorce is simple, deciding which state to file for divorce in can be made difficult by the deployment status of military personnel, especially if they are stationed in a location other than their spouse’s residence.

Additionally, specific legislation regarding Military Divorce offers unique rights and regulations for a Military Child Support Attorney that also must be considered.

At Fischer & Van Thiel, LLP, our legal team is dedicated to providing effective and efficient representation in an effort to resolve your divorce proceedings swiftly, allowing you to move forward with your life as quickly as possible.

We are well-versed on the intricacies of military divorce and can help you understand the many facets of such a divorce. 

Emotional Distress During Divorce

Getting a divorce under any circumstances is difficult, as it often causes emotional turmoil – even in the best of situations – and requires a family to address a number of essential logistical decisions.

For those Americans serving in the military or married to a military member, divorce can be even more difficult as there are typically a number of unique factors that must be considered.

However, divorce may be the best option for you and your family, despite these complications, and the support of a highly-skilled divorce lawyer can make the process of separating from your spouse much easier.

At Fischer & Van Thiel LLP, our Carlsbad Military Divorce Attorneys have handled a variety of different kinds of divorces, including military divorces, making us extremely well prepared and equipped to help those going through this kind of divorce.

Military Divorces Can Take a Long Time

Divorce can potentially be time-consuming which adds to the already emotionally taxing undertaking, and the unique challenges of a military divorce only add an additional layer of complexity to the process.

Various issues can come into play when divorces take place between military and non-military spouses, most notably the appropriate jurisdiction in which to undergo the process.

Due to the highly mobile nature of a military career, it is not uncommon for spouses to live in different states in which different sets of divorces laws are in place for the handling of specific types of assets.

Disparities in custody laws can also affect the divorce settlement, making the decision on where to file and how to go about the process an important one, deserving of the attention of a skilled legal professional.

For married men and women who serve our country, marriage can be an uphill battle.

Unique Divorce Circumstances with the Military

Unlike most civilian couples, members of our armed forces experience unique circumstances that can put extra strains on a marriage such as long periods of separation, frequent moves, or other issues. 

Military divorce proceedings require a unique approach in the way they are handled and executed, and at Fischer & Van Thiel, LLP, 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.

Divorce No Matter the Reason

As with all couples, there is rarely a definitive factor that causes divorce.

Divorce proceedings for military couples happen because of a variety of factors.

For whatever reason your marriage has ended, we understand that divorce is one of the hardest situations one can endure.

That’s why we work with compassion and diligence to help you pursue a favorable divorce agreement.

Whatever your situation, our attorneys will handle your case with professionalism and care.

Proces to Start Your Military Divorce

Among the many concerns facing an individual considering military divorce is deciding on a state in which to file your Divorce Paperwork.

Divorce proceedings are subject to the laws of the state in which divorce papers are filed.

The laws in this state will also determine child custody, child support, and property division.

Depending on the living arrangements of the Divorcee and Divorcer and the deployment status of the military spouse, there are often multiple options for the location in which you can file for divorce, each with its own advantages and disadvantages.

The following are the most common options:

• The state in which a military spouse is a legal resident
• That state in which a military spouse is currently stationed
• The state in which a non-military spouse resides
• The state in which the non-military spouse is a resident

Because you will be bound to the state laws regarding divorce in the state in which you file, it is important to consult with an attorney to determine which option will be most advantageous to you.

Additionally, those undertaking a military divorce must consider the potential ramifications of the Uniformed Services Former Spouse’s Protection Act of 1982.

This act determines awards, such as military pay and child support, that are provided to the ex-spouse of a service member following a divorce.

By consulting with a knowledgeable attorney, you will be able to make an informed decision on what options are most amenable to your needs and those of your family.

At Fischer & Van Thiel, LLP, not only do we make sure that our clients fully understand the implications of where they file for divorce, but we also ensure that the couple is fully aware of all terms and conditions set forth in the Uniformed Services Former Spouses’ Protection Act.

Divorce and the Military

Those serving in the United States’ armed forces know first-hand the differences between military and civilian life.

When going through a divorce, those differences are also prevalent.

Terminating a marriage while serving in uniform presents a unique challenge.

When a member of the Army, Navy, National Guard, or Air Force and his or her spouse decide to end their marriage, certain conditions make this process different than it would be for those not in the military.

Active duty can prolong the process of divorce; however, a skilled attorney with experience in this field, coupled with the fact that some states have made it easier for the process to be resolved, can make a military divorce a relatively easy process.

What Makes The Military Divorce Situation Unique?

It’s common knowledge that the armed forces of the United States handle certain matters differently than citizens. This is done for the benefit of the person serving in uniform.

For example, the passage of the Servicemembers Civil Relief Act (SCRA), itself an extension of the Soldier’s and Sailor’s Civil Relief Act (SSCRA), was intended to provide several wide-ranging protections for those being called into active duty or those who had already been deployed.

The legal protections provided by the SCRA for service members do not apply to civilians.

One such stipulation is the prohibition against lawsuits being filed against a service member due to divorce proceedings.

The delay is active during and up to 60 days following the member’s service time.

Topics Brought Up During The Divorce Process

Despite the unique situation a military divorce brings, resolution can be quite similar to that seen in civilian divorces.

However, if a service member is stationed overseas or on a base in another state, it may slow or completely halt the process of marriage termination altogether.

Nevertheless, the purpose of a military divorce is the same as a civilian one: to bring the problem to a successful resolution for both parties by providing mutually beneficial solutions to the topics and/or issues presented.

Mitigating Complications of the Military Divorce Process

Unfortunately, the unique nature of the military lifestyle often makes divorces for military couples more frustrating and difficult to handle.

This is largely due to the number of issues that must be considered, such as where to live after the divorce and how to handle child custody when and if a parent is deployed.

Many aspects of military life, such as being deployed for long periods of time, being deployed to other countries, and living on a military base, can severely complicate even the most amicable of divorces.

Additionally, many military couples find themselves considering an issue which many other divorcing couples do not – where to file for divorce. As a military couple, there are several places you are allowed to file for divorce. These include the following:

• State in which you live
• State in which the military service member is considered a legal resident
• State in which the military service member is stationed

Although filing for military divorce can seem hard, it doesn’t have to be when you have the support of a lawyer who is knowledgeable about and experienced with the many facets of a military divorce.

Fischer & Van Thiel Military Divorce Attorneys Can Help

Rest assured, that we are prepared whether your case includes other family law situations like an annulment, legal separation, divorce, guardianship, a child custody battle, or pursuing child support, we are prepared and have the time tested experience to assist you with these conflicts, as well.

Our team of Family Law Legal Professionals consistently obtain favorable solutions for our clients developing effective legal arbitration, mediation, and litigation strategies who are struggling with personal and/or marital disputes.

We use our expansive understanding of the Local Court’s Legal Procedures and how California State Laws apply to Military Divorces to tailor a plan specific Legal Strategy to the best interest of your family’s unique needs.

California Family Law Practice Area Services

One of the most important aspects to consider when hiring a Military Divorce Attorney is how proactive they are when it comes to representing your case.

Your personally dedicated Carlsbad Divorce Lawyer will take preemptive measures to understand your legal situation and all the unique circumstances into consideration to reach the best possible outcome for you and your family.

Our aggressive family case law litigation tactics have proven to be successful year after year through Military Family Mediation and in the courtroom resulting in many beneficial resolutions and settlements for our clients. 

Call (760) 722-7669 to schedule a Complimentary Case Evaluation with our Legal Team.

Family Law Legal Cases We Routinely Handle Involving:

Divorce Law: Including Annulments, Contested, and Uncontested Divorces
Military Divorce Attorney: Experienced with uniques situations of Military Relationships
Mediation: Mediation encourages divorcing spouses to cooperate and avoid trial costs
Child Custody: Including Visitation, Negotiations, Modifications & Enforcement Actions
Child Support: Including Monitary Negotiations, Modifications & Enforcement Actions
Legal Guardianship: Application Preparation, Fitness Assessment, Legal Representation
Adoption: Including Step-Parent, Agency, Private, and International Adoptions
Prenuptial Agreement: We can help you draft and enforce favorable agreements
Paternity: Actions for those seeking custody rights and support payments
Legal Separation Agreement: Traditional and Same-Sex Marriages
Spousal Support (Alimony): Agreements for Spousal Support or Maintenance
Domestic Violence: Including representation for Abuse and those Accused of Abuse
Civil Harassment: We can help you seek a Civil Restraining & Enforcement Orders
Juvenile Court: Including guardianship, juvenile delinquency, and dependency matters
Marital Property Division: Representation as you divide property during divorce
Estate Planning: Including wills and probate