Military Divorce Attorney San Diego
Experienced Military Divorce And Family Lawyer For San Diego County
Military family law is a precise legal practice area. The Federal Soldiers’ and Sailors’ Civil Relief Act provides additional legal protections for service members.
I am lawyer Victor Mordey. For over 20 years, I have helped military families with issues such as divorce, spousal support, child sharing, child support, property division and marital settlement agreements. Our dedicated military personnel deserve the very best in legal representation. I offer accessible, experienced and responsive assistance you can trust.
You Can Benefit From Attorney Victor Mordey’s More Than 20- Year Reputation For Results
My law firm places special focus on these elements of military family law:
- Military Divorce — I will move you smoothly through the legal process while you are separated, or deployed elsewhere in the U.S. or overseas
- Child custody and visitation issues — I will assist you with your custody and visitation issues, keeping the best interests of your children in mind
- Move Aways / Parental Relocation — Move aways are frequently an issue in military cases. I can assist you in seeking, or preventing, a move away of your children
- Property division — I will assist you in the equitable distribution of marital assets, including military retirement benefits and pensions
I also work hard for civilian individuals, couples and families in family law and divorce matters. If you have a legal concern, I can find the practical solution for you.
You have my personal pledge that your case will never be passed along to an associate or paralegal. You will work directly with me throughout the legal process.
Answering Frequently Asked Questions Regarding Military Divorce & Family Law
When our clients are navigating a military divorce, they often have many questions about the unique legal challenges involved. As we represent you, we can answer your questions while providing the skilled legal support you need. Some of the questions we get from our clients include topics like handling child custody during deployment, the division of military benefits, and determining the proper jurisdiction for filing your case.
How is military retirement divided in a California divorce?
In California, military retirement pay earned during the marriage is considered community property and is subject to division in a divorce. The non-military spouse’s share is typically determined by the “time rule” formula, which calculates the portion of the pension earned while married. Federal law, specifically the Uniformed Services Former Spouses’ Protection Act (USFSPA), governs how these benefits can be divided and paid directly to a former spouse. An attorney can ensure your rights to these benefits are protected according to both state and federal regulations.
Where do we file for a military divorce?
Filing for a military divorce involves specific jurisdictional rules, but you generally have a few options. You can file for divorce in the state where the military service member is currently stationed, in the state where the non-military spouse resides, or in the state where the service member claims legal residency. Deciding where to file can have a major impact on your case, as state laws regarding property division and support vary. Consulting with an attorney is essential to determine the most advantageous location for your filing.
What is the 10/10 Rule in military divorce?
The “10/10 Rule” relates to how a former spouse receives their share of military retirement pay, not whether they are entitled to it. For the Defense Finance and Accounting Service (DFAS) to make direct payments to the former spouse, the marriage must have lasted at least 10 years, overlapping with at least 10 years of the service member’s creditable military service. If you do not meet the 10/10 rule, you are still entitled to your share of the pension, but payment must be arranged directly from the military spouse.
Contact Me
If you are a United States service member with a family law issue, contact my family and bankruptcy law office in Chula Vista, California, today for a free initial consultation at 619-409-7900. I promptly respond to all phone messages. I speak, read, and write Spanish fluently. My retainers are low and payment plans are available when needed. Credit cards accepted.
Learn how you can use the interaction between family law and bankruptcy to your advantage.
My firm is a debt relief agency. I help people file for bankruptcy relief under the Bankruptcy Code.