Unique Considerations in Military Divorce
The term “military divorce” refers to any divorce involving a military service member. There are several special factors that could cause a military divorce to seem more complicated. However, our firm has guided numerous clients to successful solutions in military divorce cases, and we will tirelessly represent you from start to finish.
What Are Some Unique Considerations for Military Divorce?
1. Where to File
For those in the military who are seeking a divorce, they have several options for which jurisdiction they may file. They can file for divorce in the state where the military service member claims legal residence, the state where the non-military spouse resides, or the state where the military service member is stationed. Our divorce lawyer can analyze your situation and help you determine which jurisdiction you should choose.
2. Timing of the Divorce Proceedings
Under the Service Members’ Civil Relief Act (SCRA), military service members are granted several protections from civil litigation. This is so they can focus their attention on their duty and service. Under this federal law, military personnel are allowed to delay legal proceedings during the time they are on active duty. They can also request a delay of 60 days after their enlistment is concluded. This means a divorce may take longer or be delayed because of the service member’s deployments or other duties.
3. Division of Military Pension & Benefits Under the USFSPA
The Uniformed Services Former Spouses’ Protection Act (USFSPA) of 1982 provides financial protections to spouses of military members. If the marriage lasted 20 years or longer, overlapping with 20 years of military service, the non-military spouse will be entitled to a portion of retirement payments, pension, and other benefits.
Call Our San Diego Divorce Attorneys Today at (619) 577-4900
At the Law & Mediation Firm of Klueck & Hoppes, APC, we have walked many clients through the California family law system. If you are a military spouse or a service member seeking a divorce, our legal team will work diligently on your behalf. We can discuss your options and provide informative and efficient representation throughout the process.