Military Divorce Lawyer in Irvine & Orange County
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Orange County Military Divorce Lawyer
If you are looking for information for a military divorce case as current or former service member of the armed forces, whether you are already decided or still have questions about the divorce process, we are here to help. To schedule a no pressure, confidential initial consultation to discuss your options with experienced military divorce attorneys at California Family Law Firm, a top military divorce law firm in Orange County, call us at 949-503-7200 or send us a message in the form at the bottom of the page. California Family Law Firm represents members of the military in Southern California for legal issues related to contested military divorce, uncontested military divorce, child custody and visitation, child support, spousal support (also commonly called alimony), domestic violence restraining orders, division of real estate and homes, division of assets (including military retirement), attorney’s fees and costs, credits and reimbursements, legal separation, annulment, grandparent visitation, and all other issues related to military divorce. Your legal residence will be an important factor for some legal issues, but we may be able to represent you for some issues even if your legal residence is outside of California. We are experienced in the military divorce process and can guide you through both high conflict contested divorce, uncontested divorce options, and everything in between. How a case proceeds, the amount of time it takes, and the divorce cost depends on not only you, but also your spouse. The amount of your retainer is an issue you will discuss with your military divorce lawyer during your initial consultation. You will undoubtedly have questions about your military divorce case as you proceed, and cost is an important factor to keep in mind. Oftentimes, the legal process can be frustrating and confusing. Divorce proceedings come at a time of uncertainty and sometimes instability. An experienced military divorce attorney at our firm will go over every step of the divorce process, from drafting an initial letter to your spouse advising of representation, to drafting and filing of all required divorce forms, to coordinating service of all required documents upon your spouse, to litigation or settlement of all issues. We can also discuss your rights under the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA), and how those federal laws may affect your military divorce under California state law. Finally, we can address with you the rights of military families regarding ongoing access to Tricare and your children’s access to your Survivor Benefit Plan.
Domestic Violence Restraining Order
If domestic violence is an issue in your case, whether you are a victim or have been accused, this will often be one of the first issues we address. A lawyer at California Family Law Firm will protect your rights with strong representation, including a detailed case plan and involved preparation of testimony. A legal finding of domestic violence can have a significant impact on child custody in your case, both on an immediate basis and in the future. We will maintain full transparency throughout the process and treat this issue as seriously as you take it. From the beginning, we will formulate a plan for how to legally protect, maintain your rights, and keep you personally safe throughout the process and afterwards.
Division of Assets and Property
Division of assets, including real estate, household and personal belongings, funds in financial or retirement accounts, and any intangible assets such as a business are other important family law matters that we will guide you through during the legal process. Even if the service member or military spouse’s name is not on a financial account, property, or business, there may be entitlement to a community property interest in such asset. Your military divorce attorney will discuss the circumstances and acquisition history of each asset to determine the possibility of such an interest, and discuss options for protecting your interest in each asset. California Family Law Firm will provide you with a military divorce lawyer experienced in reviewing and interpreting your LES, military retirement, and Thrift Savings Plan (TSP). Our attorneys will help you navigate any complications surrounding any VA disability rating you may have, and how your rating affects your military retirement pay and any interest your spouse may have in your military retirement (military pension). Your years of service compared to the years of marriage will be used to calculate any interest your military spouse may have in your military pension. However, we may be able to successfully negotiate an agreement for less or none of your military retirement in exchange for other property division. We will provide legal assistance above and beyond with vigorous negotiation and legal representation, through finalization of any division being processed by DFAS and any direct payments ordered.
Attorney’s Fees and Costs
Attorney’s fees and costs can be a major issue for anyone, no matter which side you are on. We will discuss with you important factors the Court looks at, such as disparity of access to funds to retain legal representation, whether one party has the financial ability to pay for the attorney’s fees of the other party, domestic violence if it is relevant, and all other relevant factors.
If you and your spouse have no major disagreements as to any significant issues, your case may be able to proceed as an uncontested divorce pursuant to a joint agreement with your spouse. However, it is still prudent to retain experienced legal representation to assist you in negotiating fair and equitable orders. An experienced divorce attorney will guide you throughout negotiation, assist you in considering common pitfalls of divorce cases, and draft legally enforceable orders to give you peace of mind and to protect you should problems ever arise.
Family Law Case Testimonials
California Family Law Firm won a contested “move away” trial awarding full custody to a military service member father returning from military service following being stationed overseas for several years in order for him to move across the country with his children. We have negotiated successful dismissal on behalf of clients in numerous cases of restraining order requests against those accused of domestic violence in order to gain the upper hand for custody purposes. We have assisted service members in locating their children after their spouse abandoned them while they were deployed overseas. We have successfully negotiated favorable child support and spousal support orders that allow service members to stay financially secure. We have represented former military members in litigation regarding VA disability they were entitled to after their years of service, and successfully confirmed the entire amount of VA disability pay to the service members. In several cases involving military retirement, we were successful in negotiating the entire amount of their military retirement benefits to the service member by crafting a creative agreement that resulted in everyone walking away satisfied. During a high conflict divorce with a spouse who refused to participate in the process, we were successful in confirming the interest of the marital residence to our client and guiding them through the process of vacating their spouse from the home and through sale of the property. At California Family Law Firm, we have litigated virtually every aspect of divorce and realized success on every type of issue, from child custody to child support and other financial issues of all kinds.
Contact Our Experienced Irvine Military Divorce Lawyers Today
At California Family Law Firm, we have the many years of experience required to successfully litigate your legal issues. Our law office will help guide you through the often overwhelming legal process of divorce to help achieve the orders and results that are uniquely tailored to your best interests. We do this through a cost-effective strategy of addressing the most immediate issues in your case first, and then methodically working with you through each remaining step of the divorce process. While we will guide you through the divorce process during our representation, if you are interested in finding out more information now, we discuss that process more in depth in another article. If you are looking for a military divorce attorney that can strongly represent your interests and protect your rights, who will help you fight back when needed but also be a voice of reason during settlement negotiations, who will be fully prepared for Court hearings and trials, look no further than a military divorce lawyer at California Family Law Firm. Our law office is conveniently located in Irvine, although we serve those located throughout Orange County in Irvine, Newport Beach, Anaheim, Santa Ana, Huntington Beach, Garden Grove, Fullerton, Orange, Costa Mesa, Mission Viejo, Westminster, Lake Forest, Buena Park, Tustin, Yorba Linda, Laguna Niguel, San Clemente, La Habra, Fountain Valley, Aliso Viejo, Placentia, Cypress, Rancho Santa Margarita, Brea, Stanton, San Juan Capistrano, Dana Point, Laguna Hills, Seal Beach, Laguna Beach, Laguna Woods, La Palma, Los Alamitos, Villa Park, Anaheim Hills, and all surrounding areas. We also serve those in Los Angeles County, and Riverside County. Strong legal representation near you is not only important, but vital to your case. We are available to schedule a no pressure, confidential initial consultation to discuss your options by either phone, video, or in person. Call us at 949-503-7200 or send us a message in the form below to set up your consultation with an experienced family law divorce attorney at California Family Law Firm. Disclaimer: The information above does not establish an attorney-client relationship and is for informational purposes only. It is not intended as legal advice. There are many factors that might influence or change advice specific to your case following a consultation. Contact California Family Law Firm at 949-503-7200 to speak with an experienced family law attorney in order to obtain legal advice specific to your individual case.
We Also Offer the Following Services:
Child Custody and Visitation
Child custody and parenting time is often the first issue that is discussed by those military members with children. Custody issues related to minor children is the most important legal matter for parents. Creating a parenting plan that works for you and your family is the most important and immediate issue to address. Your divorce attorney and you will discuss implementing an immediate parenting plan, either through negotiated agreement or order of the Court after a contested hearing. If your spouse is withholding your children or a danger to them, we will discuss your options for proceeding with an ex parte hearing with you. If you are active duty military personnel and you deploy, you may be worried about the effect that will have on your child custody rights and what visitation rights your family members have while you are deployed or during times you may be required to spend training. After discussing your unique circumstances, we will clearly outline all of your options and the rights of your family while you are on deployment. Additionally, our military divorce attorneys have experience with the relevant statutes and case law of how child custody and visitation are affected by military relocation.
Child Support and Spousal Support (Alimony)
Child support and spousal support (alimony) are often key legal matters that military service members are worried about. An experienced military divorce lawyer at California Family Law Firm can help guide you through the formulas and factors that the judge will consider in making child support and spousal support (alimony) orders, including the amount and for how long support may be ordered. We will discuss your options for when to file for child support or spousal support (alimony), how to respond to a request for support, how much support can be expected, when support is ordered by the judge, and any additional questions that may arise. We will also discuss how support is paid by the service member through Defense Finance and Accounting Service (DFAS) and how it is listed on your Leave and Earnings Statements (LES).
contact us for legal help
Strong legal representation near you is not only important, but vital to your case. We are available to schedule a no pressure, confidential initial consultation to discuss your options by either phone, video, or in person.949-503-7200 19200 Von Karman Avenue, Suite 454
Irvine, CA 92612.