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San Diego Military Divorce Lawyer

Navigating Military Divorce Cases in California

At Embry Family Law P.C., we understand that military divorce cases require a unique approach due to the complex legal intricacies involved. As a leading family law firm in San Diego, we specialize in providing comprehensive legal support to military personnel and their families during a challenging and emotionally charged time. With extensive experience in military divorce cases, our dedicated team is well-equipped to navigate the intricate regulations accompanying such cases, ensuring your rights and interests are protected throughout the process.

Call Embry Family Law P.C. today at (619) 485-6476 or contact us online to schedule a meeting with our military divorce attorney in San Diego!

Military Divorce Requirements in California

Navigating a military divorce involves understanding state-specific divorce laws and federal regulations for service members and their spouses. The same basic divorce process applies to California's civilian and military divorces. However, specific unique considerations for military couples require specialized knowledge.

To file for a divorce in California, you or your spouse must have lived in the state for at least six months before filing. Additionally, one of you must have lived in the county where you plan to file for at least three months. These residency requirements are important, especially for military personnel who may have moved frequently due to assignments.

What is The Difference Between a Military Divorce and a Regular Divorce?

While the fundamental process of a military divorce resembles that of a regular divorce, distinct differences require expert attention. Here are some key distinctions:

  • Jurisdiction and Timing: The Service Members Civil Relief Act (SCRA) offers certain legal protections to active-duty military members, including the right to delay divorce proceedings while on active duty. This can impact the timing of your divorce case. Our skilled attorneys can guide you through the SCRA requirements to uphold your rights.
  • Division of Military Benefits: Military divorces often involve the division of military pensions, benefits, and other assets, which can be complex due to federal laws. We have extensive experience handling the equitable distribution of these unique assets, ensuring you receive your fair share.
  • Child Custody and Visitation: Due to deployments and relocations, military service can impact child custody and visitation arrangements. Crafting parenting plans that account for these challenges requires careful consideration and a thorough understanding of family law and military regulations.
  • Healthcare and Benefits: Addressing healthcare and benefits after divorce can be more intricate in military cases due to the involvement of TRICARE and other military-specific benefits. Our team can help you navigate the process of securing post-divorce healthcare coverage.
  • Child and Spousal Support: Calculating child and spousal support can differ for military families, considering the unique financial structures within military service. We have the expertise to accurately assess income, allowances, and other factors to determine fair support obligations.

Contact Our San Diego Military Divorce Attorney Today

Embry Family Law P.C. is committed to providing compassionate and tailored legal representation for military personnel and their families facing divorce. As your trusted San Diego military divorce lawyers, we recognize the sacrifices you've made for our country, and we are dedicated to ensuring that your legal rights and interests are safeguarded during this challenging time.

Our experienced attorneys bring a deep understanding of both California family law and military regulations to every case. We work closely with you to develop effective strategies that account for the unique complexities of military divorces.

Contact Embry Family Law P.C. today to schedule a consultation with our military divorce lawyer in San Diego!

The Embry Family Law P.C. Team

  • Ben E. Embry Photo
    Ben E. Embry

    Founding Attorney

    Ben was born and raised in Henderson, Kentucky, and attended the University of Kentucky. He did not leave Kentucky until he moved to San Diego to attend law school in 2006. Ben grew up on his father’s farm, doing the things that most “farm boys” do: Plowing the fields, tending the cattle, and harvesting crops, all while leaving enough time to fish in the pond. Working for his father is what gave Ben the work ethic he has today. Despite the fact that farming was in his blood, Ben decided early on ...
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    Nicholas Montano

    Senior Paralegal/Office Manager

    Nicholas is a native San Diegan who grew up in Golden Hills, right by the 94 freeway. As the middle of three siblings, he was and is the “peace maker” in the family. At Embry Family Law P.C., Nicholas enjoys supporting clients by explaining the process to them, listening to their concerns, and assuring them that they are in good hands and that everything will be okay. Nicholas attended St. Augustine High School and Cuyamaca Community College, and he is working on his last semester to become ABA ...
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  • Shyanne Mortimer Photo
    Shyanne Mortimer

    Lead Litigation Paralegal

    Shyanne was born in Concord, California where she lived for the earlier parts of her life before moving to Fresno California. In 2018 she graduated from Clovis West High School and continued her education at her local private college, Fresno Pacific University. She graduated a year early in 2020 with her Bachelor's Degree in English and an emphasis in classic literature. She is a first generation college graduate and used this as fuel to pursue her education further. In 2021 she attended the ...
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  • Daniel Ledesma Photo
    Daniel Ledesma

    Legal Assistant

    After receiving his bachelors in Law & Society at the University of California, Riverside, native San Diegan Daniel Ledesma has worked in two legal fields whilst he prepares for his next stop: Law School. Growing up in a diverse setting that San Diego entails, Daniel wants to enrich his legal expertise and assist individuals within his community who may not be 100% knowledgeable with their rights. Prior to joining Embry Family Law, Daniel worked in Immigration law and took a vast amount of pride ...
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  • Gabriele Finley Photo
    Gabriele Finley

    Litigation Paralegal

    I am a graduate of California State University San Marcos with a Bachelor of Arts in Social Sciences. I unexpectedly found my passion for the legal field during a Sociology of Deviance class and went on to earn my Paralegal Certificate from the University of San Diego School of Law. I have always had a strong inclination towards Family Law, and my love for it stems from my passion for being a genuine advocate for others. In my free time, I enjoy exploring different areas of San Diego, cooking ...
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  • Carmen Caserta Photo
    Carmen Caserta

    Associate Attorney

    Carmen was born in Los Angeles, CA, and grew up in the San Fernando Valley. She moved to San Diego as a budding singer/songwriter in 2001, when she was just nineteen years old. After spending a few years teaching herself to play piano and write music, Carmen began to feel a strong pull toward academic pursuits. With a lifelong fascination surrounding the complexities of the human experience, she decided to pursue a BA in psychology and graduated with Honors from Chapman University in 2008. ...
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  • Julie Mekhael Photo
    Julie Mekhael

    Law Clerk

    Julie was born in Los Angeles, CA, where she then grew up in East Highland Ranch with her fun family of 5. In 2010, she and her family moved to Sunny San Diego, where she graduated from Torrey Pines High School and continued her education at the University of California San Diego (UCSD), receiving her bachelor’s degree in political science. Her early love for competitive swimming, which started at the age of 5, carried her through her college years. But a new path called her when she made the ...
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