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Posted By Fair Cadora, APC

Divorces can be extremely strenuous times emotionally, meaning it is important to find a time and place where you can escape from the turmoil and relax. However, in some cases this is not the marital home. In some circumstances, a spouse may refuse to move out of the family home during a divorce for a number of reasons, but in some cases it’s because they do not want to give up their claim to their possessions.

In Times of Abuse

If you are seeking a divorce from an abusive spouse, whether the abuse is physical or emotional, the first thing you should do is immediately leave the home, and attempt to bring your children with you. The last thing you should do is subject yourself to abuse. If you’re worried about your claim to possessions, it’s important to know that your claim is not impacted directly as a result of you leaving. It’s also worthwhile to attempt to obtain some form of legal protection from your spouse, like a restraining order.

Asset Distribution

California is a no-fault divorce state, which means that as long as you believe your marriage is damaged beyond repair, then you may obtain a divorce regardless of what caused the damage. As a result, actions during the marriage often have little to no bearing on asset distribution or spousal support unless there was actual fraud or a breach of fiduciary duty.

It also has little bearing on how the assets are distributed during a marriage, meaning this will likely be a long and litigious process. A higher-earning spouse is more likely receive fewer possessions and have to pay a monthly alimony , particularly if the couple is older or they have been married longer, reducing the ability of the lower-earning spouse to support themselves after the divorce.

Either spouse can request to keep the family home from the other, but will likely have to forego a number of assets in exchange for doing so or be required to refinance the home to buy out the other spouse.

If you need assistance with the asset distribution process during your divorce, contact the skilled San Diego divorce attorneys at Fair Cadora, APC. Our team of skilled advocates understands the importance a divorce takes in your life, which is why we make sure that you remain in charge throughout the process, and we fight in the most optimal fashion to protect the best interests of you and your family as a whole.

Please call the firm today to schedule a consultation to discuss your options.

Posted By Fair Cadora, APC

San Diego is in close proximity to several military bases, including Point Loma and Camp Pendleton, meaning many San Diego residents have connections to the military or are active service members. Maintaining a family while serving your country can be a very difficult situation to balance, and unfortunately some cannot live up to the task, resulting in a couple wishing to divorce.

Much like their civilian counterparts, the process for a military divorce involves determining things such as child custody, asset division, spousal support, child support and more, however the military also has their own protocol that must be followed. Let’s examine a few of the differences.

Serving Notice to an Active Military Spouse

Serving your spouse notice of a divorce is slightly different. Because military family members move around so much, you must personally serve them a summons and a copy of the divorce action in order for California to have the jurisdiction. In uncontested cases, you may not have to serve your spouse, so long as they file a waiver acknowledging they are aware of the divorce process or have counsel either retained or appointed by the court.

Residency

As stated, military families move around a lot and are often transferred to different stations. In order to be eligible in California, you and your spouse must reside there, or you must currently be stationed there.

Property Division

Dividing property during a divorce is slightly different due to the Uniformed Services Former Spouses Protection Act. This is essentially a legally-mandated way of calculating the division of military retirement benefits during a divorce, usually requiring a direct payment of retiree pay to their former spouse.

Child Support

California military divorces forbid any awards for child support and spousal support to be more than 60% of a military member’s pay and allowances. The amounts are determined using the usual schedules and worksheets, but also keep in mind this strict limit.

If you or your spouse are actively serving in our military at either Point Loma or Camp Pendleton and need assistance with a divorce case, speak with a skilled San Diego divorce attorney from Fair Cadora, APC. Trust your case to a legal representative that has been Board Certified in Family Law by the California State Board of Legal Specialization.

Please call the firm today to schedule a consultation to discuss your options.

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The information on this website is an advertisement and for general information purposes only. Nothing on this site should be considered as a guarantee or legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship nor does the receipt of or viewing of the contents herein constitute an attorney-client relationship. If you require legal advice, please contact a competent attorney within your jurisdiction.