Military Divorce Lawyer in San Diego
If you or your spouse are in the military and you are seeking a divorce, you need a highly experienced attorney on your side to navigate you through the complex legal process. At Moore, Schulman & Moore, APC, our highly skilled San Diego divorce attorneys have extensive experience handling all aspects of military divorce, including child custody and visitation, child support, division of military benefits, and more. We encourage you to contact our firm as soon as possible to schedule a consultation with a member of our team.
Contact our office at (858) 492-7968 to get started.
Unique Elements of Military Divorce
There are several aspects of military divorce that differ from civilian divorce. One consideration is the Soldiers and Sailors Civil Relief Act, which states that divorce proceedings may be postponed for the entire time that a service member is on active duty and for up to 60 days thereafter. The purpose of this law is to protect the service member from any civil obligations while they are on duty, including divorce actions, so that they can focus on serving their country.
There are also residency requirements to consider. The typical military divorce filing requirements are:
- The service member or their spouse must reside in California
- The service member or their spouse must be stationed in California
Division of Military Retirement and Pension
One of the most complex elements of a military divorce is the division of military retirement benefits and pensions. Along with California’s normal property division laws, the federal government created the Uniformed Services Former Spouses Protection Act (USFSPA), which governs how military retirement benefits are calculated and divided between spouses during a divorce. A California state court will have jurisdiction to make orders regarding a military pension with the military spouse’s permission or if the military spouse is a legal resident of California.
Many people incorrectly assume under the USFSPA’s 10/10 rule that if they were not married for at least 10 years, the pension is not divisible during divorce. This isn’t the case! It is extremely important that you work with an attorney who can explain your rights and protect what you are entitled to.