Potential Issues in a Military Divorce.

San Diego- A military divorce will often raise unique issues. Below are just some of the potential issues that divorcing parties should consider and review with a competent California military divorce attorney.

Jurisdiction: Whether the California Court in your county has the jurisdiction in your case to make order or even hear your case can depend on a number of factors, such as whether a military member is deployed, whether residency requirements have been met, whether the other party has been properly served and whether the Court has both subject matter and personal jurisdiction. Issues of jurisdiction should be discussed with counsel prior to and after a divorce has been filed. There are unique jurisdictional issues that often arise in military divorces which can have significant impact on your case.

 

  • Military Pension
  • Military Medical Coverage
  • Access to Military bases and shopping.
  • Education
  • Life Insurance
  • Jurisdiction of the California Family law court to make orders. (Military Service Member Relief Act)

San Diego Military Divorce

San Diego:   A recent article from San Diego KUSI delves into the importance of the United States Military in San Diego County. Some interesting tidbits from the article are.

  • 1 of every 4 United States Marines is based in San Diego County.
  • $25.2 billion in direct defense related funds will come to San Diego in 2014.
  • San Diego has one of the largest military presences in the world.

Clearly the economic impact of the military members has a positive impact on San Diego. With such a large concentration of Marines and Navy members  in San Diego County there is a need for attorneys who understand the unique circumstances of a military divorce and other other military family law issues. Pfeiffer Law offers a free consultation and often represents military members or their spouses who are deployed or no longer live in San Diego County.

 

San Diego Military Divorce

Native American Divorce in California

San Diego: There are nearly 5 million Native Americans in the United States. California has over 100 Federally recognized tribes within its borders. Even today there exists significant diversity among the tribes in California. In San Diego County there are number of tribes, each with its own unique traditions and history. Because the Native American tribes in California are considered sovereign nations, in many cases the the laws on applied on the reservation may differ from those expected.

A Native American divorce in California can present a number of unique challenges and circumstances.  Issues such as real property, support and child custody may differ from the "norm".  If you are tribal member or your spouse is a  tribal member and you are divorcing, then it behooves you to contact the best Native American divorce attorney you can find. At Pfeiffer Law we understand every case is unique and how sovereign nation status and the Indian Welfare act applies to your California Divorce.

Child Custody/Family

 

     
     
     
     
     
     

Medical Coverage in a San Diego Military Divorce

San Diego-  Is there a difference between a military divorce and a civilian divorce in California? This is common question asked of San Diego Divorce attorney Brent Pfeiffer and the simple answer is, yes!

A San Diego military divorce brings with it a number of unique issues related to pensions and determining income and venue.  The issue of continuing medical coverage after a military divorce is often raised by potential new clients. The Uniform Services Former Spouse Protection Act (USFSPA) addresses some of the concerns of a military member or their spouse may have regarding medical coverage. The USFSPA may allow a former spouse to continue to receive military benefits such as access to medical coverage and commissary access. Generally the medical access and coverage will be based upon the length of the marriage while their spouse is an active military member of the United States Armed Forces.

Generally to receive all of the military benefits post-divorce a former spouse must demonstrate that the military spouse served twenty(20) active years in the military. This is called 20/20/20 and will generally entitle a former spouse to full health care benefits. In military divorces where the marriage was for no more than fifteen (15) years while the member was active member was in the military, then the former spouse will not have the full benefits, but will likely be entitled to temporary full military continuing coverage with the option to pay out of pocket for a Department of Defense insurance plan.

A San Diego military divorce attorney can help protect your medical benefits and provide legal advice regarding the different ways a military divorce can proceed.

San Diego Military Divorce

Keeping your Home in a California Divorce

San Diego- Divorce can be a heart breaking event. Divorce is often made even worse, when one realizes  that they can no longer stay in the community home.  A home is a place that can become ingrained in a person and a family's entire identity. Its a place where pets are buried and positive memories are created. An ideal home is a place of safety and love. For children the potential loss of the home in which they grew up in can be particularly devastating.  A child in a divorcing home is often already being exposed to destruction of the family they know, for which there seems to be no cure. Then to make matters worse, they face the loss of their childhood home and the chance they may be forced out of their school district and into a whole new social scene. There are other options, one option is by agreement or through a San Diego Court order  allowing a parent to remain in the community home until the children have graduated high school and then the home can be sold with the equity be divided in accordance with California divorce property division law.

Delaying the Sale of the Community Residence

Under California Family law a custodial parent with an agreement from the other parent or with the Court's permission can remain in the home with the children until a certain date or specified event. The sale of the residence is put on hold until that date and when the property is sold the property division is pursuant to California family law.  Why would the Court order the sale of the community home not to occur until long after the divorce is finalized? 

Stability of the Children's Lives ( Best Interest)

The best interest of  a divorcing couples minor children is q common theme that is found in nearly every aspect of a San Diego divorce matter.The San Diego Family Court recognizes the negative impact that a divorce can have on minor child and will do its best to help mitigate the harm to the child.  The California courts recognize that stability in the child's life is extremely important and in certain cases the Judge may make orders allowing the sale of the residence to be postponed so as to provide the child or children with such stability. Some of factors the court will look at are, the age of the children, the proximity of the home to the children's school, the length of time the children have been in the home and the proximity of the home to the custodial parents work.  Depending on these and other factors, staying in the home until the children are 18 or out of high school may be a viable option. As with all family law matters, any issues and questions should be discussed with the best San Diego divorce attorney you can find.

 

Divorce agreement.

2014 Pfeiffer Law All Rights Reserved.

San Diego Child Custody Stipulation

San Diego- There is a saying that, "good fences make good neighbors", San Diego Divorce attorney Brent. J. Pfeiffer, believes that, " good child custody agreements make great parents:".

San Diego Child Custody Stipulations

A  San Diego child custody agreement can be created or modified at any time, as long as the custodial parents are in agreement, there is an active court case, the  San Diego family law judge signs off on the agreement and the child is a minor. A child custody stipulation (agreement), can be drawn up by your attorney prior to the filing of a motion for a child custody order or after the motion has been filed in the San Diego Family Law Court.

San Diego Family Court Services

Generally if San Diego child custody motion is requested a Request for Order (FL-300) will be filed and prior to the child custody hearing both parents will be ordered to attend San Diego Family Court Services, where they will be interviewed by an Family Court Services employee, who after meeting with both parents will create a proposed custody plan which will be mailed to your child custody attorney and the San Diego family law judge. The San Diego Family Court Services child custody plan is just a proposal which you can tell the Court either your in agreement with or why you are not in agreement. Often parties in a child custody dispute will have their attorney's write up a child custody stipulation that incorporates the terms of the Family Court Services proposal or a unique plan which is just as detailed.

Great Parents

Which brings us back to attorney Brent Pfeiffer's saying that, " a good child custody agreement makes great parents,". Much like fences a detailed custody agreement will outline the limits and boundaries of the shared custody agreement. A great child custody stipulation should leave no room for interpretation, it should provide both parents with clear guidelines as to when the children are exchanged, who has the children on what holidays, what the time share is and where and for how long the children will be with the parent. A great child custody attorney will help you anticipate any child custody issues and will address them in the custody agreement. These detailed fences in the child custody stipulation help make great parents because each parent should be able to know the rules and there should be no arguments between the custodial parents, because they agreed to the terms which are clear . San Diego Divorce attorney Brent Pfeiffer says that, " one of the most heart-breaking aspects in a child custody matter occurs when the children observe the parents fighting over child exchanges and other details of child custody. While the San Diego Court will admonish parents if the Courts becomes aware of  behavior the unfortunate truth is that it is common for custodial parents to argue over the terms of a poorly written child custody agreement."

A well written child custody agreement will also often  negate any need to return to San Diego Family Law court to clarify the terms of the child custody agreement.Often a detailed and well written San Diego child custody stipulation will make a difficult situation better and help make great parents.

A good parent knows what matters, a great parent does their best to make sure that what matters is protected and nurtured. Well written child custody agreements help make great parents.

 

Pfeiffer Law. All Rights Reserved.

2014 Pfeiffer Law All Rights Reserved.

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Summary Dissolution vs. Uncontested Divorce in San Diego

San Diego- A quick divorce on the cheap for many divorcing couples is the ideal outcome. While a Las Vegas style divorce is not practical or possible in California, there are ways the divorce process can be effective, fair and relatively cheap.  Enter the uncontested divorce and summary dissolution.

San Diego Uncontested Divorce

A uncontested divorce occurs when both divorcing individuals are able to reach a complete agreement regarding all the issues in a divorce. San Diego  divorce attorney Brent J. Pfeiffer notes  that " reaching a full agreement on all the issues can be extremely difficult, especially when one party is behaving in an unreasonable manner because they are angry, jealous or misinformed.". However in many cases both parties are able to resolve the common issues that a divorce raises, such as, child custody, child support, property division,, spousal support and assignment of debt. A San Diego divorce attorney can prepare, review and file your initial paperwork for divorce as well as your marital settlement agreement.

 

San Diego Summary Dissolution

A summary dissolution is quite often just the stuff of dreams. In order to qualify for a San Diego summary dissolution you must not only be in agreement on all the terms of the divorce, but you must also meet the exact requirements laid down by the San Diego Family Court. Pfeiffer Law will generally charge a flat fee to prepare and file a summary dissolution.

While a contested divorce may be very expensive an uncontested divorce or summary dissolution can be less stressful and easier on your pocketbook. San Diego divorce attorney Brent Pfeiffer offers a free initial consultation.

San Diego summary dissolution can help avoid conflict.

San Diego “One” Day Divorce

San Diego- On March 1, 2014 the San Diego Family Law Court started up a new divorce program for individuals who have filed for divorce in San Diego county, are not represented by attorney's and have no contested issues. There are of course further requirements, but it is great to see the San Diego Court system implementing new procedures to help make the divorce process move along as quickly and fairly as possible. NBC San Diego reporter Monica Garske quotes San Diego Presiding Judge  David Danielson " In a time when budget cuts are forcing Courts all over California to limit services to the public, judge from the San Diego Superior Court, court professionals and and the legal community are leading efforts to innovate improvements to the administration of Family Law."

Of course "one" day divorce does not mean you file and then  you are divorce that day. The California family law rules regarding 6 months waiting periord before a divorce can be finalized as well as other requirements still apply. Also because many divorces are contested many individuals will not be able to use this program.

In deciding to settle a divorce quickly one concern San Diego divorce attorney Brent J. Pfeiffer  has is that individuals who want to end a divorce quickly will often give up assets they are entitled to because they don't want to fight. In most California divorce cases once the divorce is final going back to modify a Marital Settlement agreement is impossible or very difficult.  Money spent on a divorce attorney will often pay itself back tenfold after the divorce is finalized.

Its great to see the San Diego Family Law court doing its best to help unrepresented litigants and trying to streamline a complicated and lengthy divorce process. To learn more about the San Diego Once Day divorce program click here.

San Diego Court

California Divorce and Fraud

San Diego- On March 4, 2014, Sacramento Bee reporter Denny Walsh reported on a very interesting story regarding one man's attempt to avoid paying  California Family law support and how his attempt to misuse the bankruptcy process backfired resulting in a 17 year criminal sentence which he blamed on his former wife. The story can be found by clicking here.

Attempts to conceal assets in a divorce proceeding and during custody/support proceedings can have serious consequences. The California family law Courts have a number of options which they can employ to deal with fraud or concealment and the consequences of failing to properly disclose assets can result in devastating consequences for the concealer.  If one is concerned about potential  financial exposure in a divorce or support proceeding then they should meet and discuss all options with the best San Diego Family law attorney they can find. Self help will often result in more harm.

If your thinking about lying to the Courts please read the story above.

 

San Diego Spousal Support