Military divorce in San Diego occurs when one or both spouses are either active or retired members of a U.S. military branch. The process is the same for both civilian and military couples. However, military couples will have to address certain issues that would not apply to civilians. If you are an active-duty member, then you are protected from being held in “Default” if you do not respond to a divorce action. This law was made to protect active-duty personnel from being divorced without knowing. The Servicemembers' Civil Relief Act of 2003 (SCRA) is a federal law that if you are on active duty and it prevents you from attending a court appearance, SCRA allows you to request a postponement for at least 90 days.
Jurisdictional Issues
With a military divorce in San Diego, there can be complicated jurisdictional questions. For example, a service member stationed in California at the time of divorce may consider another state their “home state”. Conversely, California residents can be stationed elsewhere. To file for a military divorce in the state, either the petitioner or their spouse must live or be stationed in California.
Support Questions And Retirement Benefits
Unlike the civilian sector, issues arise in cases involving service members as to spousal support and child support. Calculations and reductions in BAH need to be considered both by the court and the parties when looking at questions of child or spousal support. Separately, divisions of military pensions or TSP can require special treatment and qualified analysis of such claims as to community interests and separate property interests.
Child Custody And Visitation
Due to the factors at play with active-duty service members, including the risk of potential deployment, considerations arise as to custody questions and visitation, both in the state and out of state. In these circumstances, a service member will want to consult with an experienced attorney to protect their rights with their children and ensure that their needs are being met.
Get Legal Advice About Military Divorces Today!
Any service member who is planning to end their marriage should consult with a family law attorney with expertise in California military divorces. Here at Sunnen Law, we can help you ensure that your service benefits are protected and the best interests of your children are met. Call us today 619-255-9551 or complete our online form to schedule a free consultation.
