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Military Divorce San Diego’s Family Law Experts®


San Diego Military Divorce Attorney

Serving Camp Pendleton, Del Mar & All of San Diego County

If you or your spouse is 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 skilled San Diego military divorce lawyers 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 to schedule a consultation with our San Diego military divorce lawyer.

Familiar with the Unique Elements of Military Divorce

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 San Diego.

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

military divorce lawyer in California

 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.

Child and Spousal Support in Military Divorce

Child and spousal support in a military divorce are calculated under California guidelines, but the process must account for unique military pay and allowances. Basic pay, BAH, BAS, and certain special pays may all be considered when determining income for support purposes, and courts in San Diego will look closely at the stability and predictability of those amounts. A Military Divorce Attorney San Diego service members turn to can help you gather the necessary Leave and Earnings Statements and command documentation so the court has a complete and accurate picture of your financial situation.

Because military careers often involve deployments, training exercises, and potential relocations, support orders must be drafted with enough flexibility to remain workable over time. In practice, this may mean addressing how temporary duty assignments, hazard pay, or a change from active duty to reserve status could affect support. San Diego judges also expect both parties to comply with applicable federal regulations and service branch policies related to support, and failure to do so can have both legal and career consequences for a service member. Careful planning with your attorney can help you anticipate these issues so you are not caught off guard by future changes in your military or family circumstances.

Consult with Our Military Divorce Lawyer in San Diego, CA 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 pursue 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 our San Diego military divorce lawyer near you. Serving Camp Pendleton, Del Mar & San Diego County.

Military Divorce FAQ

Can a spouse still file for divorce if their military spouse is deployed or stationed overseas?

Yes, a spouse can still file for divorce in California even if their military spouse is deployed or stationed overseas. The Uniformed Services Former Spouses' Protection Act (USFSPA) allows state courts to have jurisdiction over military personnel for purposes of divorce and property division, regardless of their physical location. However, the Servicemembers Civil Relief Act (SCRA) provides certain protections for military members, such as a stay of proceedings for a period of time, to allow them to respond to the divorce action.

Can a former spouse keep their military ID card after a divorce?

No, a former spouse is not generally entitled to keep their military ID card after a divorce, unless they meet certain criteria under applicable federal rules. Generally, military ID cards are issued to dependents of active duty service members and are only valid for the duration of the marriage. After a divorce, the former spouse is no longer considered a dependent and is not entitled to retain the military ID card. However, under certain circumstances, such as if the former spouse is eligible for medical benefits under a continued coverage program, they may be able to retain their military ID card for a limited time.

How is Child Custody Determined in a Military Divorce?

Child custody in a military divorce is determined based on the best interests of the child, similar to civilian divorces. However, unique factors due to military life, such as possible relocations and deployments, might influence custody arrangements. California courts consider stability, the child's preferences (if they are old enough to voice them), and, importantly, how a military parent's duties affect their ability to provide care. In some cases, the military parent may be subject to a temporary custody modification to accommodate deployment periods. It’s vital to establish a detailed parenting plan which clearly outlines visitation schedules, transportation arrangements, and communication methods post-deployment. Working with an experienced attorney who understands both California law and military regulations can help ensure that custody agreements are fair, flexible, and enforceable while accommodating the dynamic nature of military service.

What Should I Know About Local Court Procedures in San Diego?

The San Diego family court process is designed to handle a wide array of family law issues, including military divorces. As a military-friendly city, San Diego courts are adept at navigating the unique challenges presented by military divorces. Understanding the local procedures can significantly ease the process. Typically, military divorces will start with filing in the superior court’s family division. It’s crucial to be aware of local court rules regarding filing times and required documentation, including military-specific forms. San Diego courts often provide resources for families in transition such as mediation services, child custody recommendations, and support workshops. Using the expertise of a local divorce attorney familiar with the San Diego court system can help ensure all documentation is accurate and complete, potentially easing a stressful process.

 

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