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.

Schedule a Consultation Today

Military divorce is an extremely complex area of the law. If you are considering a divorce, contact Moore, Schulman & Moore, APC for the experienced guidance you need to achieve a favorable outcome. Known as San Diego’s Family Law Experts®, we have over 200 years of combined legal experience handling even the most complex cases. We encourage you to contact us to get started with a comprehensive evaluation of your case.

Call us today at (858) 492-7968 to speak with a San Diego military divorce lawyer.