Mens Family Law & Divorce Attorneys San Diego

San Diego Men's Rights Lawyers
Helping Clients Through Military Divorce

San Diego is home to many families where at least one member is actively serving in the military.  Unfortunately, military members face the same challenges and difficulties when it comes to families as anyone else.  These challenges can include the possibility of filing for a California divorce.  Husbands and fathers who face the prospect of a military divorce need to seek the immediate help of experienced San Diego men's rights lawyers, and below is a brief introduction to this issue.

Soldiers and Sailors Civil Relief Act

One of the most critical differences between a military divorce and a California divorce that involves civilian spouses relates to the personal service of the non-filing spouse.  Generally, when one spouse files a California divorce action, the non-filing spouse needs to be personally served with the summons so that it can be proven that both spouses are aware that the action has been filed.

However, personal service is not always possible when the non-filing spouse is on active duty overseas.  In addition, there is a strong public policy behind avoiding putting an active duty spouse in a 'default' state because he or she cannot be served.  Therefore, the Soldiers and Sailors Civil Relief Act was enacted to protect deployed soldiers in these situations.

This federal law basically states that a divorce proceeding may be postponed for the entire duration of the spouse's deployment and for up to 60 days after the soldier returns from that deployment.  If the divorce is uncontested, the active duty soldier can waive this requirement and the case can proceed, but he or she needs an opportunity to respond.

Uniformed Services Former Spouses' Protection Act (USFSPA)

Another relevant law to military divorce is the Uniformed Services Former Spouses' Protection Act, or the USFSPA.  This federal law governs how military retirement benefits are handled in the event of a divorce.  Specifically, direct payments of a portion of the military retirement benefits can be paid directly to the ex-spouse who did not serve, but the parties need to have been married for at least 10 years while the military member spouse was on active duty.  Otherwise, military retirement benefits will usually be protected and not split between the parties to the divorce action.

How San Diego Men's Rights Lawyers Can Help

Military members who are actively on duty serving the country usually have a big enough challenge every day protecting our freedom and fighting for our country.  This is a very difficult time to contemplate and to begin the process of a California divorce.  Therefore, soldiers who are facing this situation need to seek the help of San Diego men's rights lawyers who have military service experience and who have helped many military clients complete this process properly.  Contact the Men's Legal Center today to schedule an initial consultation.