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Do I need an attorney for my military divorce?

by Fischer & Van Thiel, LLP

Craig’s Answer: Anyone getting a divorce should retain the services of an attorney and that’s especially true if one spouse or both are members of the military. Non-military divorces normally only concern state law. If a spouse is in the…

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Will the military give me a lawyer?

by Fischer & Van Thiel, LLP

Craig’s Answer: No, though you may get some advice from Military Legal Assistance. That means you may get some information on applicable laws and how they may apply to you and suggestions about what needs to be filed when, but…

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What legal issues can affect a military divorce?

by Fischer & Van Thiel, LLP

Craig’s Answer: There are many issues that can come up, some are similar to a civilian divorce and others are unique to military members and retirees. Child support Service members are legally required to support their children. In addition to…

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Can a servicemember slow down the divorce process?

by Fischer & Van Thiel, LLP

Craig’s Answer: There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military members from being divorced without knowing…

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How is a military pension divided in a divorce?

by Fischer & Van Thiel, LLP

 Mike’s Answer: Divorce proceedings are conducted by state courts and they can divide military pensions. The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) allows (but does not mandate) state courts divide military retirement pensions upon divorce, legal separation or…

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How are disability payments to a military veteran handled in a divorce proceeding?

by Fischer & Van Thiel, LLP

 Mike’s Answer: The federal Uniformed Services Former Spouses Protection Act (the “USFSPA”) permits divorce courts to award ex-spouses of service members part of “disposable retired pay” (the retired pay available (after necessary deductions) based on salary and years of service)….

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Carlsbad, CA 92011

(760) 722-7669

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