San Diego is home to one of the largest military communities in the United States. When a marriage ends, military couples often face different and unique challenges that differ from those in civilian divorces. Understanding these differences can help service members and their spouses better prepare for the process and protect their rights.

Residency and Filing Requirements

In a civilian divorce, couples usually file in the county and state where they live. Military divorce can be more complicated because service members may be stationed in San Diego temporarily, deployed overseas, or maintain legal residency in another state.

California law allows a military member or their spouse to file for divorce in San Diego if:

  • The service member is stationed in California.
  • The spouse resides in California.
  • The service member claims California as their legal residence.

These jurisdictional rules mean you may have more than one option for where to file, which can affect property division and support orders.

The Servicemembers Civil Relief Act (SCRA)

One of the biggest differences between military and civilian divorces is the Servicemembers Civil Relief Act (SCRA). This federal law protects active-duty service members from being disadvantaged in legal proceedings. For example, if a service member is deployed, divorce proceedings may be delayed to ensure they have the opportunity to participate fully in their case. Civilian divorces typically don’t involve this type of protection.

Dividing Military Benefits and Pensions

Military benefits often create added complexity in divorce. Key considerations include:

  • Military pensions: These are subject to division under the federal Uniformed Services Former Spouses’ Protection Act (USFSPA). State courts in San Diego can treat retirement pay as community property.
  • Survivor Benefit Plan (SBP): This allows a former spouse to continue receiving benefits after the service member’s death, but it must be specifically addressed in the divorce.
  • Tricare coverage: Former spouses may lose access to military health insurance unless they qualify under the 20/20/20 or 20/20/15 rules which are based on years of marriage, military service, and overlap.

In civilian divorces, benefit division typically focuses on private pensions, retirement accounts, and employer-provided insurance plans, which are often simpler to handle.

Child Custody and Visitation Challenges

In San Diego, civilian custody cases revolve around what is in the best interests of the child. While the same standard applies in military divorce, deployment and relocation add extra layers of difficulty. Courts may need to create flexible parenting plans, such as virtual visitation during deployment or adjusted schedules when a parent is reassigned to a new duty station.

Support Orders: BAH and Income Considerations

Military divorces also require courts to consider Basic Allowance for Housing (BAH) and other military pay components when calculating child and spousal support. These allowances can fluctuate depending on duty station and deployment status, which makes support calculations different from those in civilian divorces.

Why Legal Guidance Matters

Because of these complexities, working with an experienced San Diego divorce attorney is essential in a military divorce. From understanding jurisdiction rules to dividing military pensions and creating workable parenting plans, a lawyer familiar with military family law can help protect your rights and guide you through the process with ease.