San Diego Military Divorces Lawyers
Explaining the Process

As everyone who is familiar with San Diego understands, the population is filled with people who are active in the military and their spouses who are here while their husbands and wives are on active duty somewhere abroad.  This can present some challenges to those who want to end a marriage, but seeking help from San Diego military divorces lawyers can help move this process to its conclusion.  Below is a brief overview of this process.

Starting the Process

One of the initial differences between a civilian divorce and a military divorce is that the party who is actively serving in the military cannot be suddenly divorced by ‘default.’  The Soldiers and Sailors Civil Relief Act is a federal law that allows the military member to postpone the beginning of these proceedings while he or she is away on duty and for up to 60 days after he or she returns.

Of course, if the military member is not against the process getting started, he or she could sign an affidavit waiving these rights under the federal law and also the requirement that he or she be personally served.  Basically, these laws exist so that a member of the military does not return home to find out he or she is no longer married.

Other Differences

For the most part, the issues, the process and the manner in which aspects of a divorce are resolved in a military divorce are similar to those in a civilian divorce.  However, there are some requirements that must be noted, including the residency requirement which means that at least one party to a military divorce must be either a resident of California or currently stationed in California in order for the court to have proper jurisdiction.

In addition to the jurisdiction requirement, the Uniformed Services Former Spouses’ Protection Act (USFSPA) is another federal law that was passed in order to deal with these situations.  USFSPA basically governs and dictates how military benefits are calculated and ultimately divided when a divorce occurs.  One important requirement under this law is that the parties need to have been married for at least 10 years while the military member has been on active duty.

Ultimately, military divorces are somewhat similar to any other case of this type, but there are rules and regulations of procedure that must be followed in order for the divorce to proceed and to be valid.  If you are considering this step, contact the San Diego military divorces lawyers at the Law Offices of James D. Scott today to schedule an initial consultation.