Military Divorce

Under the law, military personnel seeking a divorce are no different than the civilian population, so the process is basically the same. However, for active duty military and their spouses, there are additional factors that come into play for a military divorce.

Our experienced divorce attorneys at JWB Family Law can help you with each step of the process.

Considering Location

If the military service member is currently assigned to a permanent duty station outside the United States, or is currently serving in a remote area outside the country, the divorce processes will take considerably longer. Although military spouses must file for a divorce in the county and state in which they hold legal residence, that issue can become cloudy for military families that have recently moved to a new duty station.

Notification Requirements

Another factor that affects military families is the Servicemembers Civil Relief Act (SCRA). Among other legal protections, this law protects members from civil judicial proceedings—including a divorce summons. The SCRA provides the court the authority to delay divorce proceedings for the duration of the spouse’s active duty, depending on deployment status and other factors. If there are difficulties relating to notifying the deployed spouse, your divorce proceedings could face significant delay.

Financial Implications

Yet another area where complications can arise is finances. When considering a divorce, military families should become familiar with the provisions of the Uniformed Services Former Spouses’ Protection Act (USFSPA). This statute relates to child support issues, spousal support, retirement pay and pensions, and survivor benefits. In some cases, these items are to be handled under the laws of the family’s state of legal residence. However, some items are handled differently.

JWB Family Law & Military Divorce

If you or your spouse are a member of the military, your divorce needs to be handled differently than a divorce in the civilian population. Our  attorneys at JWB Family Law offer the expertise you need to help you understand your rights and responsibilities. 

 

Getting divorced in San Diego County?

Call us today at 619.234.6123.