San Mateo Military Divorce Attorneys

Speak to a Top-Tier San Mateo Military Divorce Attorney Today

When a military marriage ends, your world shifts. We understand the profound impact this has on service members and their families in San Mateo. The legal landscape for military divorce is distinct. It recognizes your unique lifestyle and contributions. We are here to help you navigate these special rules. We focus on fair outcomes for property division, including military pensions and savings.

At Griffith Young, our San Mateo military divorce attorneys are proactive and solutions-focused. We address child custody plans that consider deployments and transfers. It feels like building a new foundation after an earthquake. We work to build a stable future for you and your children. We provide strong representation. Griffith Young is here for you.

Understanding Military Divorce Laws in California 

The first thing to know about military divorce in San Mateo is that it is subject to state law, which is the same as a civilian divorce in San Mateo. California’s no-fault rules still apply. Along the same lines, California’s community property standard and its best interests of the child standard for custody and visitation cases also still apply. However, not everything is identical. Quite the contrary, federal statutes and military obligations can create unique challenges that demand close attention.

For example, military pensions and military benefits require careful handling under a federal law called the Uniformed Services Former Spouses’ Protection Act (USFSPA). Further, another federal law called the Servicemembers Civil Relief Act (SCRA) could play a role if a military member is on active duty deployment. A San Mateo divorce lawyer with experience handling military cases can help you navigate the nuances of the law and any challenges that might arise.

Words From Clients We’ve Helped

Divorce When Deployed in San Mateo

Facing divorce while deployed adds immense stress to an already difficult situation. We know the burden this places on service members. If you are deployed and facing divorce in San Mateo, special rules apply. The Servicemembers Civil Relief Act (SCRA) provides protections. It allows you to focus on your mission without immediate court pressure. It feels like getting a temporary reprieve in a battle. We ensure your rights are upheld. We help you understand how your deployment impacts the divorce timeline. We work to protect your interests while you are away. We stand strong for you. If you are deployed, it is crucial that you have a reliable San Mateo, CA military divorce lawyer.

Protecting Your Rights Under the SCRA in San Mateo Divorce

Serving our country should not mean losing your rights at home. We understand the protections you deserve. If you are a service member facing divorce while deployed from San Mateo, the Servicemembers Civil Relief Act (SCRA) is a powerful tool. It allows you to pause certain legal proceedings. This gives you time to focus on your mission. It prevents judgments against you when you cannot appear. It is like a temporary shield in a battle you cannot fight directly. We ensure this law is used to your benefit. We prevent others from taking advantage of your absence. We protect your peace of mind while you serve.

How is property divided for military spouses in a California divorce?

In California, a community property state, all assets and income acquired by a couple during their marriage are considered shared, regardless of whose name is on the account. This includes military pay and benefits earned while married. When a couple decides to divorce, they must divide their property, and this is typically done through one of two main approaches.

The first is by mutual agreement. Spouses can negotiate the division of assets and debts, including military pensions and other benefits, either directly, through mediation, or with the help of their attorneys. If they can come to a full agreement on all issues, they can proceed with an uncontested divorce, maintaining control over the outcome.

The second is through litigation. If military spouses cannot agree on how to divide their property, a family law judge will make the final decision. In this case, both parties must disclose all assets and debts to the court. The judge will review these to decide on a fair division. This path gives the couple very little control over the outcome and is often more time-consuming and expensive. Our team is well-versed in the specific complexities of military divorces and can help navigate these unique property division issues.

Why Trust Our San Mateo Military Divorce Attorney

If you or your spouse is a military member and you are preparing for a divorce, it is normal to feel stressed out, overwhelmed, and unsure of what to do next. A proactive approach is key. At Griffith Young, we are compassionate and devoted to personalized advocacy. Our team is always ready to go the extra mile. Along with other things, our San Mateo, CA divorce attorney will: 

• Listen to your story and answer questions about your military divorce; 
• Gather and organize all supporting documents and records; 
• Advocate or you in any military divorce settlement negotiations; and
• Take action focused on obtaining the results for you and your family.

Military Divorce FAQs in San Mateo

Can a former military spouse keep TRICARE benefits after divorce in San Mateo?

Healthcare access is a critical concern for former military spouses. We understand your worry about losing benefits after divorce. In San Mateo, former spouses may keep TRICARE. This depends on strict rules based on the length of the marriage and military service. The 20/20/20 rule is often involved. If your marriage lasted 20 years, your spouse served for 20 years, and the overlap was 20 years, full TRICARE may continue. Other combinations might offer transitional benefits. It is like finding a new lifeline for essential care. We help you understand your eligibility. We ensure you retain what you are owed.

What if my spouse is stationed outside San Mateo during our divorce?

Distance adds complexity to any divorce. We know this can be especially challenging for military families. If your spouse is stationed outside San Mateo during your divorce, jurisdiction can be tricky. California courts may still have power over the divorce. We look at where the service member claims legal residency. We also consider where they are physically located. It is like charting a course across different territories. We ensure the divorce proceeds correctly. We help you understand how their location impacts the legal process. We work to ensure your rights are protected, no matter where your spouse is.

How does a military move affect child visitation orders in San Mateo?

Military moves are a constant reality for service members. We know how these changes impact child visitation. In San Mateo, if a military parent receives Permanent Change of Station (PCS) orders, it can require modifying child visitation plans. We help create new agreements that work with the relocation. We consider the children’s best interests. We address issues like long-distance visitation schedules. It is like redrawing a map for family connections. We ensure your parenting time remains consistent. We fight for solutions that respect your military duties. We help maintain strong parent-child bonds despite distance.

Are VA disability benefits divisible in a San Mateo military divorce?

VA disability benefits are a recognition of a service member’s sacrifice. We know you want to protect these. In San Mateo, VA disability benefits are generally considered separate property. This means they are usually not divided in a divorce. Federal law protects these benefits from being treated as marital property. It is like recognizing a personal injury settlement. We ensure these funds are correctly identified. We fight to keep your disability benefits separate from marital assets. We protect your personal compensation for service-related injuries. We provide clear guidance on this important distinction.

Are military divorces in California governed by the best interests of the child?

Yes. Parents should be prepared. Custody decisions in California military divorces are governed by the best interests of the child. Courts apply Cal. Fam. Code § 3011 and  Cal. Fam. Code § 3040. Along with other things, they can weigh factors such as stability, health, and safety. Military duties like deployment may influence parenting schedules, but the child’s welfare remains the primary consideration.

Divorce While Deployed? Call for Support.

Being deployed means focusing on your mission. We know divorce adds an immense burden. If you’re facing divorce while deployed from San Mateo, specific legal protections exist. The Servicemembers Civil Relief Act (SCRA) can pause your case. This protects your rights when you can’t be in court. It’s like a protective shield allowing you to focus on your duty. We ensure these federal laws work for you. We manage your case while you serve. We prevent default judgments. We protect your interests from afar. Don’t let divorce distract from your mission. Reach out for strong legal representation.

Contact Our San Mateo, CA Military Divorce Lawyer Today

At Griffith Young, our San Mateo military divorce attorneys are compassionate, strategic, and committed to doing right by clients. You do not have to figure out everything alone. If you have any questions about the military divorce process, please do not hesitate to contact us today for a confidential case review. We provide military divorce representation in San Mateo, San Mateo County, and throughout all of the surrounding region in California.