Mens Family Law & Divorce Attorneys San Diego

San Diego Military Divorce Lawyers
Fighting for Men’s Legal Rights

Our esteemed members of the military have been fighting in wars overseas for several years now, and despite their bravery and heroism, they are still prone to suffering through some of the same difficulties as civilians.  One of these difficulties is divorce, and when a military divorce situation arises, it can give rise to several different technicalities and complications that could lead to delays, confusion and frustration.  If you are either on active duty in the military or your spouse is and you want to initiate a divorce, seek the help of San Diego military divorce lawyers as soon as possible so you can avoid the common pitfalls that arise in these situations.  Below is a brief overview of this process.

Soldiers and Sailors Civil Relief Act

One of the laws that can be relevant in military divorces involves being served with process in order for a divorce case to begin.  Basically, courts are loathe to begin a divorce case without the knowledge of both parties, and the Soldiers and Sailors Civil Relief Act is a law that protects the interests of soldiers who are on active duty outside the jurisdiction.

Basically, this law states that a divorce case can be postponed until such time as the soldier who is party to the divorce comes off of active duty and up to 60 days after his or her return.  However, if the divorce is uncontested or the soldier is willing to sign an affidavit waiving the requirements of service, the divorce proceeding can begin.

Uniformed Services Former Spouse Protection Act (USFSPA)

The USFSPA is another statute that is relevant in military divorce cases.  This statute affects how property division is handled in terms of health coverage and benefits, retirement benefits and other privileges that include commissary access.  The law sets out how these assets can be divided fairly and in accordance with other relevant laws of different jurisdictions, including California.

Basically, the spouse who is not an active member of the military can move to obtain a portion of the retirement benefits that the soldier has earned up until the time when the divorce is filed.  These benefits will be divided in relation to the amount of time the parties were married while the soldier was active in the military and accruing retirement benefits.

This notion is known in California as the Gilmore Election, which is based on a case that dealt specifically with this issue and later served as a template for dividing the retirement benefits in accordance with California’s community property laws.  As should be expected, this can be a complicated form of property division.

Basically, many other aspects of a military divorce are similar to civilian divorces.  If you are facing the potential of dealing with this type of case, contact the San Diego military divorce lawyers at the Law Offices of James D. Scott as soon as possible to begin the process of protecting your legal rights.