San Diego Military Divorce Attorneys

Since the naval base opened in the 1920s, San Diego has enjoyed a large number of military families. Service members and their families are a credit to our community, and Griffith Young is proud to have helped many members with family law issues. Our founding partner, John Griffith, Esq., is a military veteran and proudly represents members of the military in California.

Sadly, service in the military is stressful, and some marriages are strained, even to a breaking point. If you are contemplating divorce—or if you have received divorce papers and don’t know what to do—please call us. You need steady legal guidance during this turbulent time. Our San Diego military divorce attorneys are committed to smoothing out the process as much as possible for our clients.

However, military divorces are not the same as civilian divorces. Different laws come into play, and you deserve a lawyer who understands how these laws impact your divorce. Call us today to schedule a consultation.

How Is a Military Divorce Different from a Civilian Divorce?

A military divorce involves rules and procedures that simply do not apply to civilian divorces. Military regulations, federal law, and state law can all affect the outcome of your case. That is a lot to keep track of, and mistakes can cost you. For example, military pay, military benefits, and military pensions are treated differently from standard income and savings. A San Diego military divorce attorney needs to know how to handle all of these pieces at once.

Active duty service members also face unique challenges that civilian spouses do not. Deployments, relocations, and military obligations can all affect the divorce process. Working with experienced San Diego military divorce attorneys means you have someone in your corner who understands both civilian and military divorces and knows how to protect your rights under both systems.

Where to File for a Military Divorce in San Diego, CA

A court can only grant a valid divorce if the court has “jurisdiction” over your case. Essentially, this means the power to entertain the divorce petition and determine each spouse’s rights. Jurisdiction can be complex if your spouse is stationed outside of California. Typically, couples who are domiciled in San Diego will file in the county court.

But if your spouse is stationed in a different state or country, then your attorney should pay close attention to jurisdiction. You must file for divorce in a jurisdiction where:

• The military spouse is domiciled, or
• The military spouse is a resident, or
• Where both spouses agree to file.

Domicile is essentially a person’s permanent home. Although a person might be temporarily living somewhere else, they intend to return to their domicile. It is possible that two spouses have different domiciles.

The state where you file matters because the court will use its state laws to decide most contested issues. That means filing in California will result in a divorce according to California law. Contact Griffith Young if you are considering divorce.

If you are stationed overseas and wish to divorce, we can help. It is better to seek a divorce here in the U.S. than to try one in the country where you are stationed.

Serving divorce papers on an active duty member can also be tricky. Special rules govern how and when legal proceedings can move forward. A San Diego military divorce attorney can make sure the process follows all military rules and local courts’ requirements, so there are no delays or errors that could affect your case.

Responding to a Divorce When You Are Away

More than one service member has called our office after being blindsided by divorce papers when on deployment. They are frantic about what to do. The Servicemembers Civil Relief Act protects the rights of military members on active duty.

It provides critical rights in the event of divorce or any legal action. For example, you can request an automatic 90-day stay of the proceedings in writing. You can also request an additional delay if your service would materially hinder your ability to participate in the divorce proceeding.

The 90-day stay gives you time to gather yourself, and our office might be able to get an even longer stay of the divorce proceedings, depending on the facts. Please call us from wherever you are stationed.

The Civil Relief Act is an important protection, but it is not a permanent solution. Active duty military members still need to take steps to protect themselves during the military divorce process. If you are an active duty service member facing divorce, do not wait. Call our San Diego law firm so we can start building your defense right away.

Child Custody & Your Military Divorce

Couples with children face the additional task of deciding custody. As with all divorces, both parents can reach an amicable custody agreement and submit it to the judge for approval. You can divide:

• Legal custody: The right to make important decisions for your child. These include issues involving education and medical care.
• Physical custody: This is the right to have physical possession of your child.

Parents can have joint legal custody, in which case both parents have a say in these issues. They can also have joint physical custody, even if time is not divided 50/50. Service in the military can complicate child custody determinations.

For example, you might have enjoyed less time with your children over the years due to regular deployment. This fact could matter when a California judge decides child custody, since judges look at the history of caring for the child. That is a critical factor in the “best interests” analysis, which is the touchstone for custody determinations.

Your lawyer should be sensitive to this fact and develop arguments that show a strong bond. Other issues arise when the parent in the military might need to relocate, which can upset the custody arrangement. Contact us to find out how we can help.

Child custody challenges in military divorce cases are common. California courts look at the best interests of the child, which includes stability, continuity, and the relationship each parent has built over time. A military parent who has been deployed may worry that their absence will count against them. It does not have to. Our family law attorneys know how to present a complete picture to the court, including your dedication and bond with your child despite time away.

Child Support and Spousal Support

Family law support obligations are a part of many divorces. If you have children with your spouse, then a judge will need to determine child custody. Each parent is obligated to support their children, even when they live apart.

California has adopted child support guidelines to standardize the calculation, but some departures from the guideline amount are necessary. Spousal support is another issue in many divorces. A lower-earning spouse can request that their ex make regular payments to help stabilize their finances during or even after the divorce.

Often, the civilian spouse sacrifices education and career opportunities to move regularly with their military spouse. Unsurprisingly, this spouse requests support even after the marriage has ended. Griffith Young can protect your rights in a divorce.

If you are requesting spousal support, then we can build a compelling argument for the maximum support possible. Conversely, if you are the higher-earning spouse, we can argue that support is unnecessary or should be limited in duration.

Child support calculations in military divorce cases can be more complex than in standard divorces. Military pay includes more than just a base salary. A service member may also receive a basic allowance for housing or other military benefits that factor into support calculations. Our family law attorneys understand how to account for all sources of military pay so that child support and spousal support amounts are fair and accurate.

Division of Military Retirement and Other Marital Assets

In a California divorce, couples must divide their marital assets, called community property. Generally, any asset obtained while married is community property, and military retirement accounts and Thrift Savings Plans will qualify. Dividing a military retirement is complex.

States can award a portion of military retirement to the other spouse. However, it might be advantageous for one spouse not to have California law control the division of retirement assets. Contact Griffith Young. We can analyze these issues in greater depth once we learn the facts of your marriage.

Sometimes our clients benefit from objecting to a California court dividing the retirement account under the state’s community property laws. However, we need to timely object after fully analyzing the issue. Getting payment is also a complicated issue.

The Uniformed Services Former Spouses’ Protection Act allows some spouses who are awarded retirement benefits as community property in a divorce to get them paid directly from the Department of Finance and Accounting (DFAS). That is often preferable if you expect your ex to obstruct or delay payment.

Military pensions are among the most valuable assets in a military divorce. The former spouses’ protection act is the federal law that allows state courts to treat military retirement pay as marital property. However, there are limits. For example, DFAS will only pay the former spouse directly if the marriage lasted at least 10 years while the service member was on active duty. A certified divorce financial analyst can sometimes help evaluate retirement pay, survivor benefits, and the survivor benefit plan to give both parties a clear picture of long-term value. Our San Diego military divorce attorneys can walk you through your options, so you can make informed decisions about marital property division.

Tricare and Your Divorce

TRICARE provides health benefits to military members and their families. Many civilians are unaware that they lose access to TRICARE as soon as they are divorced. Very few spouses will continue to receive benefits.

Civilians can keep TRICARE for life if they were married for 20 years, their spouse served for at least 20 years, and 20 of those years overlapped. Otherwise, you will either lose Tricare the day you are divorced or get only an extra year. Health insurance is a considerable expense and makes living on your own much harder.

Let’s talk about this issue in a consultation. Our military divorce lawyers help our clients fully understand the new expenses that await them after they receive their divorce decree.

Healthcare benefits are one of the most overlooked parts of military divorce. Losing TRICARE can mean hundreds of dollars a month in new expenses for the surviving spouse. Understanding what military benefits you may lose and what options you have for replacement coverage is an important part of planning ahead. Our San Diego military divorce attorneys make sure you leave the marriage with a realistic view of what your finances will look like going forward.

Staying Abreast of Legal Change

It is no secret that many federal laws and programs are in flux. Some of them will change dramatically in the coming years, and there is no reason to assume the military will remain untouched by the changes. In the coming years, new laws might alter your rights in a military divorce.

At Griffith Young, our lawyers take pride in staying one step ahead of legal change. Our deep knowledge of divorce law protects our clients’ rights. You can be sure you are receiving the most up-to-date advice as we shepherd your case through divorce court.

FAQs about San Diego Military Divorce

We receive many questions from the public about divorce. We encourage you to scroll through these questions and then pick up the phone and call us if you have other questions you want answered.

Will the military provide a lawyer for me?

No, the military does not provide you with a lawyer for a divorce. Instead, reach out to a lawyer who is experienced with military divorce.

Can my military spouse indefinitely delay the divorce?

Not indefinitely. A judge must agree to any stay that lasts more than 90 days. Judges must consider different factors before granting a stay request. The primary one is whether your spouse’s military service will materially affect his or her ability to participate in the divorce. A military member must act in good faith and try to diligently appear in court.

How does legal residence affect where I file for military divorce?

Legal residence, also called domicile, determines which state has jurisdiction over your case. For military service members, this can be complicated. A service member may be stationed in one state but claim legal residence in another. San Diego County courts can have jurisdiction if either spouse is domiciled here or if both spouses agree to file here. Getting this right from the start matters because the wrong filing location can cause delays or even require you to start over. Talk to an experienced military divorce attorney in San Diego before you file.

What happens to military pensions and retirement benefits in a San Diego divorce?

Military pensions are divided using the Uniformed Services Former Spouses’ Protection Act. Under this federal law, California courts can treat retirement pay as marital property and award a portion to the former spouse. Retirement benefits may also include the survivor benefit plan, which provides income to a surviving spouse after the service member passes away. These are complex financial issues, and working with an experienced military divorce attorney can help make sure you do not leave money on the table.

Do military regulations affect child custody arrangements in California?

Yes, military life can directly affect custody arrangements. Military personnel may be deployed or relocated at any time. California courts try to account for this when setting up a parenting plan, but changes in military stationed locations can still cause problems. Many military divorce cases include special provisions in custody agreements to handle deployments or moves. Our San Diego military divorce attorney team has handled many of these military divorce cases and can help build a custody plan that works for your family and holds up in court.

Speak With Our Experienced San Diego Military Divorce Lawyer

The legal team at Griffith Young is proud to have developed deep experience in military divorce over the decades. We can meet to discuss your case, as well as where to file for divorce, in a private consultation. This is one of the more complicated divorces, so be sure to only hire a firm with the right experience to advocate for you every step of the way.

Call us today to schedule a consultation.