Going through a divorce is never easy, but for active duty service members, the process can be even more complicated. Between deployments, military benefits, and legal protections, there are factors unique to military life that affect how divorce is handled in California. While a typical divorce attorney may understand family law, they may not be fully equipped to handle the added layers involved in a military case.
This guide breaks down what you need to know, from jurisdiction rules to custody issues, and how the right legal support can make all the difference.
Is Divorce Allowed in the Military?
Yes, military personnel have the legal right to file for divorce, just like civilians. However, there are added considerations that affect the process.
Deployment schedules, active duty status, and jurisdiction can all impact how and when proceedings move forward. Working with a divorce attorney who understands both state and federal protections is essential.
What Type of Lawyer Is Best for Divorce?
Not every family law attorney is equipped to handle the complexities that come with a military divorce. The ideal choice is a military divorce lawyer, someone who understands the overlap between military obligations and family court proceedings. They can guide you through time-sensitive filings, military pay structures, and benefit entitlements with clarity.
Differences in Military vs. Civilian Divorce
While the overall goal of divorce is the same, legally ending a marriage, the process for service members involves extra steps and protections that don’t apply to civilians. Here’s how military divorce stands apart:
- Deployment and Active Duty Can Delay Proceedings
The Servicemembers Civil Relief Act (SCRA) allows military personnel to postpone divorce proceedings if active service limits their ability to respond or appear in court. This protection doesn’t exist in civilian divorces. - Military Retirement Is Handled Under Federal Law
Civilian pensions follow state laws, but military retirement pay is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA). It outlines how and when a spouse may be entitled to a portion of retirement benefits. - Tricare and Other Benefits Have Strict Eligibility Rules
Health coverage like Tricare and access to military base privileges depend on how long the marriage and service overlapped. These rules don’t apply in civilian cases and can impact long-term support. - Jurisdiction May Vary Based on Stationing
Service members can often file in their legal residence, their duty station, or their spouse’s location. Civilians typically file based on where they live full-time, making this a key strategic difference. - Housing Allowances and Special Pay Affect Support Calculations
Military pay includes Basic Allowance for Housing (BAH), combat pay, and other bonuses that impact child and spousal support calculations differently than regular salaries.
Because of these complexities, working with a military divorce attorney is essential. They understand how to navigate both military and civilian systems, protect your rights, and make sure the outcome reflects your service and situation fairly.
Residency and Filing Requirements in California
Before filing for divorce in California, at least one spouse must have lived in the state for a minimum of six months and in the county of filing for at least three months. While this applies to all residents, there are added considerations for military families.
Service members stationed in California, particularly in high-density bases like San Diego, may qualify to file even if California isn’t their home of record. Courts typically allow military personnel to file where they are stationed, provided they meet certain federal and state requirements.
This can help simplify the process when one or both spouses are living away from their legal domicile due to military orders. It’s important to handle this carefully; filing in the wrong jurisdiction could delay your case or cause legal issues down the line.
Most military divorce attorneys understand how residency rules apply to service members and can help you determine the best place to file. They can also guide you through the paperwork needed to prove eligibility based on your duty station.
How Military Benefits and Pensions Are Divided
Dividing military pensions is not the same as dividing a 401(k). The Uniformed Services Former Spouses’ Protection Act (USFSPA) plays a key role in how retirement pay is distributed.
Housing allowances, health benefits, and other perks may also be factored into the settlement. A military divorce lawyer in San Diego can help ensure you receive your fair share, or protect what you’ve earned.
Understanding the Servicemembers Civil Relief Act (SCRA)
The Servicemembers Civil Relief Act (SCRA) protects active-duty military members from legal complications when they can’t appear in court due to service obligations. During a divorce, this law helps ensure that no unfair decisions are made while one party is deployed or unavailable.
One of the most important parts of the SCRA is its ability to delay court proceedings, but it isn’t automatic. You must formally request this delay and provide proof of duty-related conflict.
Here’s what the SCRA can do during a military divorce:
- Pause court hearings: If you’re deployed or on active duty, the court can postpone divorce hearings, custody matters, or deadlines.
- Prevent default judgments: The court can’t finalize decisions without your input simply because you weren’t available to respond.
- Allow more time to participate: The law gives you the chance to fully engage in your case when you’re back or available.
Using the SCRA the right way protects your legal rights while you serve. An experienced military divorce attorney can help file the right documents and make sure you’re covered under this law when it matters most.
Child Custody and Visitation for Military Parents
For service members going through a divorce, custody can be one of the most sensitive and complex issues. The nature of military life, frequent moves, deployments, and rigid schedules, can make standard custody agreements impossible to follow.
Instead of relying on cookie-cutter parenting plans, courts are open to flexible arrangements that account for a service member’s duty obligations. This might include alternate pick-up/drop-off arrangements, make-up time provisions after deployments, and even scheduled video calls to maintain strong bonds across distance.
To make sure your parenting plan works during both active duty and stateside assignments, it’s essential to work with a child custody lawyer who has experience building adaptable custody strategies for military families.
Spousal Support and Child Support in a Military Divorce
Beyond base salary, service members may receive housing allowances, hazard pay, and other benefits that don’t show up on a standard W-2. That makes determining support obligations more technical and more prone to error, if not handled by someone who understands the structure of military pay.
Judges will evaluate multiple income sources when setting support amounts, but not all of them are treated equally. Some types of pay are considered income for support purposes, while others are not. Failing to make the right distinction could lead to unfair payment expectations or missed entitlements.
A spousal support attorney who works with military divorces will know how to properly present your financial situation, whether you’re paying or receiving support. They’ll help ensure that the calculation is fair, thorough, and reflects your actual ability to contribute, based on military-specific pay and benefits.
Why You Need a Lawyer Familiar With Military Divorce
Military divorce involves a complex intersection of state law, federal law, and military regulations. Whether it’s filing under the right jurisdiction, dividing retirement, or structuring custody around deployments, the legal process must be handled carefully.
Here’s why that matters:
- Jurisdiction isn’t always straightforward: Active-duty service members may be stationed in one state but claim residency in another. A lawyer with military experience will help you file in the correct location so your case isn’t delayed or dismissed.
- Experience matters in protecting your rights: A men’s rights attorney from Men’s Legal Center brings both legal knowledge and advocacy for fathers and service members, helping ensure you’re treated fairly in court and at the negotiating table.
- Post-divorce compliance and enforcement can be complex: Enforcing or modifying orders after a military divorce, especially when someone changes duty stations or retires, requires legal follow-up. A knowledgeable attorney helps you avoid complications years down the road.
Speak With a San Diego Military Divorce Attorney Today
Military divorce doesn’t need to be overwhelming, especially with the right legal support. If you’re an active-duty service member or military spouse in San Diego, the Men’s Legal Center is here to help. Our team understands your unique needs and delivers real solutions that protect your rights.
Call our team and request your free case review now!
