San Diego Military Divorce Lawyer

Navigating Military Divorce Cases in California

At Embry Family Law P.C., we understand that military divorce cases require a unique approach due to the complex legal intricacies involved. As a leading family law firm in San Diego, we specialize in providing comprehensive legal support to military personnel and their families during a challenging and emotionally charged time. With extensive experience in military divorce cases, our dedicated team is well-equipped to navigate the intricate regulations accompanying such cases, ensuring your rights and interests are protected throughout the process.

Call Embry Family Law P.C. today at (619) 485-6476 or contact us online to schedule a meeting with our military divorce attorney in San Diego!

Military Divorce Requirements in California

Navigating a military divorce involves understanding state-specific divorce laws and federal regulations for service members and their spouses. The same basic divorce process applies to California's civilian and military divorces. However, specific unique considerations for military couples require specialized knowledge.

To file for a divorce in California, you or your spouse must have lived in the state for at least six months before filing. Additionally, one of you must have lived in the county where you plan to file for at least three months. These residency requirements are important, especially for military personnel who may have moved frequently due to assignments.

What is The Difference Between a Military Divorce and a Regular Divorce?

While the fundamental process of a military divorce resembles that of a regular divorce, distinct differences require expert attention. Here are some key distinctions:

• Jurisdiction and Timing: The Service Members Civil Relief Act (SCRA) offers certain legal protections to active-duty military members, including the right to delay divorce proceedings while on active duty. This can impact the timing of your divorce case. Our skilled attorneys can guide you through the SCRA requirements to uphold your rights.
• Division of Military Benefits: Military divorces often involve the division of military pensions, benefits, and other assets, which can be complex due to federal laws. We have extensive experience handling the equitable distribution of these unique assets, ensuring you receive your fair share.
• Child Custody and Visitation: Due to deployments and relocations, military service can impact child custody and visitation arrangements. Crafting parenting plans that account for these challenges requires careful consideration and a thorough understanding of family law and military regulations.
• Healthcare and Benefits: Addressing healthcare and benefits after divorce can be more intricate in military cases due to the involvement of TRICARE and other military-specific benefits. Our team can help you navigate the process of securing post-divorce healthcare coverage.
• Child and Spousal Support: Calculating child and spousal support can differ for military families, considering the unique financial structures within military service. We have the expertise to accurately assess income, allowances, and other factors to determine fair support obligations.

Can a Military Divorce Be Finalized While a Spouse Is Deployed?

Yes, a military divorce can be initiated and even finalized while one spouse is deployed, but it involves certain legal protections for the service member. Under the Service Members Civil Relief Act (SCRA), active-duty military members have the option to request a delay, or "stay," of court proceedings if their service obligations prevent them from fully participating in the divorce. This law recognizes the unique challenges that service members face, particularly during deployments, and ensures they have a fair opportunity to defend their legal rights.

In practical terms, the SCRA allows a deployed spouse to request a temporary suspension of the divorce proceedings for at least 90 days. This stay can be extended depending on the circumstances, especially if deployment makes it difficult for the service member to respond to legal matters in a timely manner. While this stay is intended to provide relief, it is not indefinite, and courts may lift it once the deployment is over or if the service member's situation changes.

For the spouse initiating the divorce, it’s important to recognize that this delay may be granted even if both parties are otherwise prepared to move forward. The SCRA exists to ensure that the active-duty spouse is not disadvantaged by their military service. That said, if the service member is able to participate remotely—through video calls or other means—courts may allow the divorce to proceed.

In cases where both parties are in agreement on key issues such as property division, child custody, and spousal support, an uncontested divorce may proceed more smoothly. Even if the service member is deployed, agreements can be reached and the divorce can be finalized with minimal court involvement. However, it’s crucial to consult with a lawyer experienced in military divorces to ensure that all legal requirements are met, including proper service of process and consideration of military benefits and pensions.

Can a Service Member Request a Modification to Child Custody or Support After Deployment?

Yes, once a service member returns from deployment or experiences a significant change in circumstances, they can request a modification to child custody or support orders. Family law courts understand that military service can present unique challenges that may affect a parent's ability to maintain previous custody or support arrangements.

When a service member is deployed, temporary custody modifications are often put in place to accommodate the absence. Upon return, the service member may seek to reinstate or adjust the custody arrangement. Courts will evaluate whether the change is in the best interests of the child, which is the standard applied to any custody decision. The returning parent may need to show that they are now able to resume their parental responsibilities, especially if the deployment significantly impacted their previous involvement in the child's life.

Similarly, a modification to child support may be requested if the service member’s financial situation has changed due to deployment or reassignment. For example, if the service member received special pay or allowances during deployment that have since ended, this could justify a recalculation of child support obligations. Conversely, if the service member’s post-deployment income has increased, the custodial parent may request a higher amount of support.

Military families face unique circumstances, and the law accounts for these complexities. Service members should not be penalized for their service, but it’s essential to work with a lawyer experienced in both family law and military regulations to navigate modifications to custody or support orders successfully. Courts will consider the best interests of the child while also ensuring that military service does not unfairly disadvantage either parent.