How to Handle a Military Divorce in California
If you or your spouse is in the military and you are going through a divorce in California, the basic process looks similar to a civilian divorce, but there are a few important differences you need to know. Residency, special protections for service members, and the way military pensions and benefits are divided all require extra attention.
What this article covers
- California residency and jurisdiction rules for military members
- Protections under the Servicemembers Civil Relief Act and how deployment can affect timelines
- How military pensions, Tricare, and other benefits are treated in a divorce
- A real example of a remote divorce for a spouse stationed overseas
- Practical steps you can take and how remote, flat-fee services can help
Residency and jurisdiction in California military divorces
To start a divorce in California, either you or your spouse must meet the state’s residency requirements unless you are stationed in California under military orders. If one spouse is stationed here, that counts for jurisdiction purposes. Otherwise standard residency rules apply.
Because military life creates frequent moves and deployments, it is essential to verify which state has proper jurisdiction before filing. Filing in the wrong state can lead to delays or the need to refile.
Protections under the Servicemembers Civil Relief Act (SCRA)
There are protections under the Service Member Civil Relief Act, which can delay divorce proceedings if one spouse is deployed or unavailable due to service.
The Servicemembers Civil Relief Act protects active duty service members from certain court actions while they are unavailable due to military service. If a service member cannot respond to litigation because of deployment, the court can delay or stay proceedings. This is intended to ensure service members have a meaningful opportunity to participate in the case when feasible.
What this typically means in practice:
- If the service member files a motion under the SCRA, deadlines may be extended and hearings postponed.
- Courts often require proof of unavailability, such as deployment orders.
- Even with a stay, an agreement reached by both parties can be finalized if both sign off and the court approves it.
Dividing military pensions, Tricare, and other benefits
Splitting military retirement pay and related benefits is one of the most complex parts of a military divorce. Military benefits are governed by a mix of federal and state law, and they often require specific court language and additional documentation to implement.
Key points to understand:
- Military pensions are divisible property in most cases, but a federal statute called the Uniformed Services Former Spouses Protection Act (USFSPA) controls how former spouses can receive a portion of retirement pay.
- California court orders must include precise language to allow Defense Finance and Accounting Service (DFAS) or other pay offices to implement pension splits.
- Tricare and other military benefits have eligibility rules for former spouses. Some benefits require a long marriage that overlaps 20 or more years of service to continue. These rules can be technical, so individualized review is important.
- Often a separate court order or administrative filing is required to change benefit recipients or implement pension payments.
Because of these nuances, most divorces that involve military retirement pay include specific provisions and sometimes a second, supplemental order to make sure benefits are split and paid correctly.
Real client example: handling a divorce while one spouse was overseas
We recently handled a case where one spouse was stationed overseas. We managed the entire process remotely: meeting deadlines, getting documents e-signed, and making sure the military pension was properly addressed in the final agreement. The deployed spouse did not have to appear in court.
This kind of remote handling is common and practical for military couples. With the right paperwork, communication, and legal language, divorces can move forward without physical court appearances from a deployed spouse.
How remote military divorces typically work
- Confirm jurisdiction and residency. Verify whether California is the proper forum to file the case.
- Gather military documentation. Common items include marriage certificate, marriage and separation dates, Leave and Earnings Statements, retirement records if applicable, and deployment or change-of-station orders.
- Determine property and benefit division. Decide how community property, retirement pay, and benefits like Tricare will be divided or addressed in the agreement.
- Draft settlement language. Include the exact wording needed for pension division and any federal compliance (for example, language required by DFAS or the USFSPA).
- Use e-signatures and remote notarization if available. Many courts accept electronically signed agreements and declarations when done properly.
- File and obtain court approval. Once the agreement is signed, file the documents and seek a judgment or final order. If the service member is unavailable and eligible under the SCRA, request a stay if needed or proceed with an agreed judgment.
- Implement benefit orders. Submit required orders and paperwork to military pay offices or benefit administrators so payments and coverage changes take effect.
Practical checklist for military spouses starting a divorce
- Confirm your eligibility to file in California or whether military orders establish jurisdiction.
- Collect key documents: marriage certificate, birth certificates for children, military ID, LES, retirement records, and deployment orders.
- Decide whether you want to pursue a negotiated settlement or litigation.
- If negotiating, be sure pension and benefit language is drafted to be enforceable by DFAS and other agencies.
- Consider remote signing and filing options if a spouse is deployed or stationed out of state.
- Ask about the SCRA and whether it could affect timelines in your case.
Why consider a flat-fee, remote divorce service
Military life often means distance, deployments, and uncertainty. A flat-fee, remote divorce service can reduce stress by providing clear expectations, predictable costs, and the ability to complete paperwork without travel or in-person court appearances. For many military couples, those features make a big difference.
Benefits of a remote, flat-fee approach include:
- Clear pricing with no surprise bills
- Remote document handling and e-signatures
- Assistance drafting court-approved agreements with the required pension and benefit language
- Guidance through DFAS and other administrative steps to implement orders
Next steps
If you are in the military—active duty, retired, or a military spouse—and you are considering divorce in California, take the first step by gathering your key documents and confirming residency or jurisdiction. If you want help navigating the special rules that apply to military divorces, we offer consultations to review your situation and explain options.
Planning, precise language, and knowing the interplay between state divorce law and federal military rules will help you get through the process more smoothly, no matter where you are stationed.
