Oceanside Military Divorce Lawyer

Thanks to its location near San Diego, Oceanside is home to many military families. Some have just moved here, while others have called the area home for decades. Griffith Young has proudly served military families and helped meet their family law needs for more than a decade.

Military life has many advantages, including the satisfaction of serving your country in such a critical role. But regular deployments and the stress of the job can fray the fabric of any marriage. The laws regulating military marriages also create confusion, which only compounds the stress men and women feel as their marriages unravel. Military couples face unique challenges that civilian couples simply do not, and understanding those challenges from the start can make all the difference in how your case unfolds.

Contact Griffith Young to speak with an Oceanside military divorce lawyer. We have represented military members, retirees, and non-military spouses in all kinds of divorces. In a private consultation, we can review what to expect if you or your spouse files for divorce proceedings, and we can strategize about where to file. Our Oceanside military divorce attorneys bring focused family law knowledge to every case we handle.

How Military Divorce is Unique

In many ways, a military divorce is like a divorce for civilians. A couple will need to unwind their financial relationship, dividing marital property between them. If they have children, then they will also need to create a custody arrangement and sign a detailed parenting plan.

Furthermore, all parents must financially support their children after divorce, regardless of whether they live with the children. That means a child support schedule must be established. Child and spousal support obligations in a military divorce can be more complicated than in a standard civilian case because military pay includes more than just a base salary.

However, military divorces also have unique aspects:

• Deployment. One spouse might not even be in California, but instead be stationed in a different state or even overseas. When a person is not physically present in California, certain jurisdictional issues can arise that address where to legally file for divorce. A court without jurisdiction will not be able to adjudicate each side’s rights.
• Military retirement. Generally, pensions and other retirement accounts are considered community property if established or contributed to during the marriage. The same is true of military retirement, which is also divided. The rules regarding this are very complex.
• Health insurance. Many military spouses have grown accustomed to TriCare. Unfortunately, a non-military spouse will immediately lose coverage in many cases.
• Child custody. A judge decides custody based on the child’s best interest, and a major factor is each parent’s relationship up to that point. If you were on deployment regularly, you might not have bonded with your child.

Where Should You File for Divorce?

This is one of the most pressing questions for military divorce. Some couples have only just moved to California, or one spouse was stationed at the naval base, while the other has not yet arrived. Typically, California courts will only hear a case if one spouse has lived in the state for six months before the divorce petition was filed and three months in the county where it is filed.

That limitation makes it hard for people who have just pulled into Oceanside, CA, to file. Some people might be able to file in a different state. That could have advantages, because the state court that hears your divorce case will apply its own state law. California law might not be to your advantage. An experienced divorce attorney familiar with California divorce laws can help you weigh your options before you commit to filing anywhere.

Questions also arise over whether a court in California even has power over your spouse if they are on deployment. A court without personal jurisdiction cannot enter orders that will be binding on the absent spouse. Call us. These are weighty issues.

There are so many considerations that we can only touch on them generally on this page. Let’s connect and go over your specific situation, including where your spouse is currently stationed and where the children are living. Active duty servicemembers have demanding military obligations that they need to stay focused on, and our Oceanside military divorce attorneys will handle the legal matters so you can do your job.

Nothing is more shocking than receiving divorce papers in the mail or having your spouse call to tell you that you’re getting divorced. What can you do? Fortunately, the Servicemembers Civil Relief Act (SCRA) can be of help in this situation. The law essentially protects the rights of servicemembers by giving them the power to pause any civil lawsuit, including divorce. You can request a 90-day stay in writing, which should give you time to assemble a legal team. In some situations, you can request additional stays. Contact Griffith Young quickly if you are on deployment. We can help you request a stay and even begin doing legal work here in California.

Absent spouses should do everything possible to avoid a default divorce, which could be the expected result if you don’t act quickly.

Military Divorce and Children

Many complicated issues come up in military divorces regarding children. Some of our clients have spent years undergoing repeated deployments. They have not had as much time with their children as they would like. Parenting plans in military divorce cases need to account for future deployments and shifting schedules so that ongoing contact between the service member and their children is protected.

Parents can reach a custody agreement between themselves with the help of lawyers and a mediator. We have ample experience negotiating custody arrangements. Child custody cases involving active duty service members require flexibility. Military personnel can face orders to deploy or relocate with little notice, and a rigid custody plan can quickly fall apart. Military parents also must think about contingencies when one or both are deployed in the future.

Custody also impacts child support. California uses a guideline formula to arrive at a number based on many factors. Your share of time with the children will impact your financial support obligations. Some difficult questions arise with respect to what counts as a servicemember’s income for a military family, including housing allowances and deployment pay.

Dividing Your Military Retirement & Other Community Assets

The division of marital property can often be complicated—and divisive. The reality is that one spouse might have earned most of the money, but assets obtained and even cash in the bank are considered marital. California is one of the few states operating under community property rules.

Military pensions and military retired pay are among the most significant marital assets in a military divorce. Many service members have spent years or decades building up retirement pay, and the property division of these benefits requires a careful look at both state law and federal law.

Congress passed the Uniformed Services Former Spouse Protection Act (USFSPA), which empowers state courts to treat retired pay as community property. In a California divorce, this means retirement pay is subject to division. There are many misconceptions, one of which is that a former spouse is entitled to military retirement benefits if they were married for at least 10 years. Actually, a court needs to award military benefits as community property under a divorce decree. Some divorced spouses can receive direct payment from the government if they were married for at least 10 years. If a service member is on deployment or has not yet moved to Oceanside, CA, some jurisdictional issues can arise regarding the state court’s power to divide military retirement pay.

A different state might have more favorable rules under the spouses’ protection act. Other marital assets are subject to division also, including real estate, motor vehicles, crypto, digital assets, separate property, and other retirement accounts. Our Oceanside military divorce lawyers have the practical aspects of these cases covered and can help you understand what you are likely to walk away with before the divorce is finalized.

Oceanside Military Divorce FAQs

My wife left with the kids to go live with her family. Can I file for divorce here in California?

It depends. Many complications arise when a spouse is absent. Normally, in a military divorce, the service member is out of the state on military service, but sometimes a civilian spouse is the one who leaves. There are many sticky issues for a divorce lawyer to work through, including whether a California court even has the power to decide child custody. Depending on how long your child has been gone, a different state might qualify as their “home state” and have jurisdiction over custody.

If I am on deployment, can my spouse get a default divorce?

A default divorce occurs when a service member never responds to the divorce petition despite receiving notice. If you didn’t receive notice, then you have no obligation to respond. The Servicemembers Civil Relief Act can protect you by allowing a military member to request one or more stays. Act quickly and contact a military divorce attorney right away.

Will the military pay for my lawyer?

No. You should secure your own legal representation. The military also won’t request a stay on your behalf. Legal resources through your base’s JAG office may offer basic guidance, but a JAG attorney cannot represent you in your divorce case. Hiring your own experienced divorce attorneys is the only way to make sure your interests are fully protected.

Can any regular divorce attorney handle a military divorce?

Licensed attorneys in California should have basic knowledge of the state’s divorce law. However, military divorces involve a complicated interplay of state and federal laws. It is best to work with a legal team that has handled many military divorce cases so that your case is treated with the care it deserves. An experienced divorce attorney who focuses on Oceanside military divorce will understand issues like the USFSPA, spousal support rules for former spouses, and how military service affects child custody decisions in San Diego County family court.

How is spousal support handled in a California military divorce?

Spousal support in a military divorce follows the same general California divorce laws as a civilian case, but calculating it can be more involved. Courts must figure out the service member’s true income, which may include base pay, housing allowances, and other military benefits. The length of the marriage and the non-military spouse’s ability to become self-supporting are also considered. A military divorce lawyer can help you understand what to expect.

What happens to a military pension if we divorce before retirement?

Military pensions can still be divided in a divorce even if the service member has not yet retired. The court can issue what is called a “future pay” order that gives the former spouse their share once the service member begins collecting military retired pay. The amount is usually calculated based on how many years of military service occurred during the marriage, compared to the total years of service. Our Oceanside military divorce attorneys can walk you through exactly how this works in your situation in San Diego, CA.

Contact Us to Schedule a Consultation

Military families have enriched the Oceanside community for decades, and both service members and their spouses deserve legal help when it comes to divorce. Contact Griffith Young by calling 858-345-1720 to speak with experienced military divorce lawyers in Oceanside. We serve military families throughout San Diego and San Diego County, and we are ready to help protect your rights, your children, and your financial future. We can get to work protecting your rights.