The Military Divorce

San Diego is home to many active duty Service Members and families. Active duty Service Members go through divorces like everybody else. If you while in the Service, or even after leaving the Service, your California divorce will be similar to a non-Service Member divorce with certain exceptions. These exceptions include the following military-specific divorce issues:

1. Jurisdictional and residency issues: Because Service Members move often, Service Members and their spouses may not meet the residency requirements to obtain a California divorce. Also, California divorce courts may not have jurisdiction over a spouse living in another state with limited or no recent contact with California.


2. Soldiers and Sailors Civil Relief Act (SCRA) The purpose of SCRA is to restrict service of divorce papers on deployed Service Members; so that Service Members can "devote their entire energy to the defense needs of the Nation." It would be inconsistent with that purpose to require a Service Member to participate in a hearing, even telephonically, when his or her duty requirements conflict with the scheduled hearing date. If the Service Member is served with family law process papers while deployed, the Service Member should claim his or her rights under SCRA.


3. Military Pension Tucker defense: If an active duty Service Member is stationed in San Diego under military orders and the Service Member has a home state other than California, then the California divorce courts may not have the jurisdiction to divide the Service Members military pension.


4. Application of the Brown time rule or Reserve Poppe Retirement Point rule in dividing the military pension.


5. VA Pension Disability Election.


6. The Gillmore election.


7. Survivor Benefit Plan (SBP).


8. Uniformed Services Former Spouses' Protection Act (USFSPA): Federal Law governs how military retirement benefits are handled in the event of a divorce. For example, a Non-Service Member spouse can receive direct payment from the Defense Finance and Accounting System (DFAS) of only his or her portion of the military retirement, if the parties have been married for at least ten (10) years, even if the Service Member spouse remains on active duty.


9. Characterization of severance pay.


10. Decrease in BAH with divorce.


11. Child custody and child support issues when deployed or on sea duty.

Active duty personnel have enough on their plate with the operational tempo of military life and deploying to protect our freedom. Service Member need competent attorneys who understand the unique issues present in military divorces. Many of our attorneys and staff have served in the military, and therefore understand the active duty person's point of view.

The Men's Legal Center knows you need competent representation when so much is at stake. Call TODAY at (619) 234-3838 to set an appointment with an experienced San Diego Men's Rights Lawyer!