San Diego is home to one of the largest concentrations of military families in the country. With major installations such as Camp Pendleton and Naval Base San Diego, many service members and their spouses live, work, and raise families in the area. What this also means is that many military divorces are filed in the area, too.
While divorce is never easy, a military divorce often involves unique challenges that set it apart from a divorce involving two spouses who aren’t in the military. From federal protections for active-duty personnel to the division of military retirement benefits, military divorces require careful navigation of both state and federal laws. Understanding these differences can help families prepare for the process and make informed decisions.
Residency & Filing Requirements
In a civilian divorce, determining where to file is often straightforward. Jurisdiction for a family law court is usually based on where one or both spouses reside. Military families, however, frequently move due to new duty stations or deployments, which complicates residency rules.
California allows a divorce to be filed if one spouse has lived in the state for at least six months and in the county for at least three months. For military families, courts may establish jurisdiction if the service member is stationed in California, even if they maintain legal residency in another state. For example, a sailor assigned to Naval Base San Diego or a Marine at Camp Pendleton may be able to proceed with a divorce in San Diego County even if they are officially residents of another state.
This flexibility is helpful but also means military families must carefully consider where to file, since the choice of jurisdiction can affect issues like property division and custody laws.
The Servicemembers Civil Relief Act (SCRA)
Another major difference in military divorces comes from the Servicemembers Civil Relief Act (SCRA). This federal law provides protections for active-duty service members involved in civil proceedings, including divorce.
Under the SCRA, a court may delay divorce proceedings if a service member’s military duties prevent them from fully participating. For example, if a Marine is deployed overseas or a sailor is on a long training exercise, they may not be able to attend hearings or gather evidence that would support their side of matters in a divorce. The SCRA prevents courts from moving forward without giving the service member a fair chance to respond.
The SCRA might extend the timeline of a divorce compared to civilian cases, though. Spouses should be aware that deployments and duty schedules can affect how quickly a case progresses overall.
Division of Military Benefits
Property division in military divorces often includes special rules for military retirement benefits. The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retirement pay as divisible property, subject to certain conditions.
Key considerations of USFSPA include:
- 10/10 rule: If the marriage lasted at least 10 years and overlapped with 10 years of military service, the Defense Finance and Accounting Service (DFAS) can send retirement payments directly to the former spouse.
- Survivor Benefit Plan (SBP): Former spouses may be entitled to SBP coverage, which provides continued income after the service member’s death.
- Healthcare benefits: In certain circumstances, former spouses may retain access to military healthcare (TRICARE), but strict eligibility rules apply.
Child Custody & Deployment Challenges
Child custody in military divorces can be particularly complex. While California family law prioritizes the child’s best interests, military obligations such as deployments, frequent moves, or temporary assignments create unique challenges.
Courts recognize that deployment does not diminish a parent’s right to custody or visitation. However, parenting plans often need flexibility to accommodate military schedules.
Possible solutions for child custody when one parent is frequently deployed include:
- Temporary custody adjustments: Custody may shift temporarily during deployment, with the understanding that the arrangement reverts once the parent returns.
- Virtual visitation: Courts may encourage video calls or electronic communication to help deployed parents stay connected with their children.
- Family support networks: Sometimes, extended family members may play a role in maintaining continuity for the child when a parent is away.
Child custody arrangements must balance the realities of military service with the stability children need. Deployments can arise unexpectedly, so custody orders in military divorces are often drafted with built-in contingencies.
Support Obligations in Military Families
Support obligations in a military divorce can also differ from a civilian case. California courts apply standard guidelines for child support and spousal support, but military regulations may also come into play.
Each branch of the U.S. Armed Forces has rules requiring service members to provide financial support to their families, even before a court order is issued. For example, a commanding officer may require a service member to maintain support during separation. Once a court order is in place, however, those branch-specific obligations are generally superseded.
This dual system means spouses may have more immediate options for seeking financial support while waiting for a court order.
Get Help for Your Military Divorce in San Diego
Military divorces are shaped by a unique combination of state family law, federal protections, and military regulations. From deciding where to file to dividing retirement benefits and creating custody arrangements that account for deployments, service members and their spouses face issues most civilian families never encounter.
For families connected to Camp Pendleton, Naval Base San Diego, or other military installations in the region, Bremer Whyte Brown & O'Meara and our family law attorneys understand the complexities of military divorce and the unique challenges faced by service members and their families in San Diego. Whether you are active duty, a military spouse, or a veteran, we would be honored to help you make sense of your options and keep your case moving toward solutions that match your best interests.
Call (949) 229-8546 or contact us online if you’d like a consultation with our divorce lawyers.