San Diego Military Divorce Lawyer

Familiar with the Unique Elements of Military Divorce

A military divorce in California refers to the dissolution of marriage involving one or both spouses who are currently serving in the military and are either stationed in California or have legal residence in the state. Here are some unique elements of a military divorce specifically in California:

• Jurisdictional Issues: Determining jurisdiction can be complex if one or both spouses are stationed outside California. The state may have jurisdiction if either spouse is domiciled or stationed in California.
• Division of Military Pensions: California is a community property state, meaning military pensions acquired during marriage are generally considered community property subject to division upon divorce. The Uniformed Services Former Spouses' Protection Act (USFSPA) guides how military pensions are divided.
• California Family Code: Specific provisions in the California Family Code address issues like child custody, visitation rights, and child support, which apply equally to military families.
• Residency Requirements: The service member or their spouse must reside in California and/or the service member or their spouse must be stationed in California.
• Service of Process: Serving divorce papers to a military spouse stationed overseas or on deployment must comply with both California legal requirements and the federal Servicemembers Civil Relief Act (SCRA), which provides protections to military members.
• Military Benefits and Support: Military allowances, such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS), may factor into spousal support (alimony) and child support calculations in accordance with California guidelines.
• Healthcare Benefits: Former military spouses may be eligible for continued healthcare benefits under the Continued Health Care Benefit Program (CHCBP) after divorce, depending on specific circumstances.
• Military Regulations: Compliance with military regulations regarding financial disclosures, benefits entitlements, and other administrative requirements can affect divorce proceedings in California.

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 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.

Call (858) 492-7968 today to speak with a military divorce attorney 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. 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. This isn’t the case! It is extremely important that you work with a California military divorce attorney who can explain your rights and protect what you are entitled to.

Consult with a Military Divorce Lawyer in California Today

Military divorce is an extremely complex area of the law. If you are considering a California military 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 California military divorce lawyer near you. Serving Camp Pendleton, Del Mar & San Diego County.