San Diego Military Divorce Lawyer

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

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 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.

On This Page:

• Elements of Military Divorce
• Division of Military Retirement and Pension
• Consult With a Military Divorce Lawyer Today
• Military Divorce FAQ:
  • Can a spouse still file for divorce if their military spouse is deployed or stationed overseas?
  • Can a former spouse keep their military ID card after a divorce?

Contact our office to get started.

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.