Military Spouse Divorce Lawyer in California

Jurisdiction and Residency Requirements

Military divorce cases can be filed in different jurisdictions, depending on where you and your spouse are located. California law provides several options for filing:

• The state where the military member is stationed
• The state where the military member is a legal resident
• The state where the non-military spouse resides

In California, at least one spouse must have lived in the state for six months before filing for divorce. However, military personnel may qualify for residency exceptions, ensuring that service members stationed in California can still file for divorce.

Division of Military Pensions

One of the most significant considerations in a military divorce is the division of military pensions. Under the Uniformed Services Former Spouses' Protection Act (USFSPA), California treats military retirement pay as marital property, which means it can be divided during divorce proceedings.

• Marriages lasting less than 10 years: California does not require the marriage to have lasted a minimum number of years to divide military pensions, unlike some other states.
• Direct payments from DFAS: If the marriage lasted 10 years or more during military service, you may be eligible to receive direct payments from the Defense Finance and Accounting Service (DFAS).

Impact of Deployment

Deployments can delay divorce proceedings, but the Service Members Civil Relief Act (SCRA) provides protections for military members who are deployed. This federal law allows service members to request postponements of divorce hearings and proceedings to allow them to focus on their duties without the added pressure of legal proceedings.

Special Steps for Military Divorce

If you're facing a divorce from a military spouse, there are special legal steps and considerations to keep in mind.

Legal Assistance Resources

Military spouses have access to free legal assistance services on military bases that can help with:

• Understanding rights and entitlements
• Guidance on filing and documentation
• Reviewing legal documents related to the divorce

These services can be invaluable in helping you navigate the complexities of military divorce.

Child Custody and Relocation

Child custody can be particularly challenging in military divorces due to the transient nature of military life. Courts in California will consider several factors when determining custody arrangements, such as:

• Stability and continuity in the child’s schedule
• Proximity to the non-custodial parent
• Parental deployment or relocation

If a parent wishes to relocate post-divorce, special legal considerations apply. The parent seeking relocation must demonstrate compliance with state guidelines and military regulations to ensure the move is in the best interest of the child.

Health Care and Benefits

After divorce, military spouses may lose their military health care benefits unless they meet specific criteria under the 20/20/20 rule:

• The marriage lasted 20 years
• The service member served 20 years
• There was a 20-year overlap between the marriage and military service

If you do not qualify under the 20/20/20 rule, you may need to explore COBRA coverage or other civilian healthcare options.

Emotional and Community Support

Divorce can be an emotionally challenging process, especially when compounded by the unique stresses of military life. In addition to legal support, consider reaching out to the emotional and community support networks available on military bases, including:

• Emotional support and counseling services
• Community connections and support groups
• Financial planning and career transition assistance

These resources can help you manage the emotional and logistical aspects of divorce.