How to Handle a Military Divorce in California
In my video, “🎖️ How to Handle a Military Divorce in California? | Los Angeles Divorce,” I walk through the unique rules and practical steps you need to know when navigating a military divorce while stationed in California. As the founder of Divorce661, I’ve helped military couples get through this process smoothly—sometimes entirely remotely—and I want to share the essentials so you know what to expect and how to protect your interests.
Why a military divorce is different
Military divorces are not the same as civilian divorces. Federal and military-specific laws add layers of complexity that affect timelines, residency, and how benefits and pensions are divided. Knowing these differences up front can help you avoid delays, unnecessary expenses, and surprises.
Key things to know
- Residency rules: You or your spouse must satisfy California residency requirements to file here—unless one of you is stationed in California under military orders. (In California, typical residency requirements for divorce are six months in the state and three months in the county before filing.)
- Servicemembers Civil Relief Act (SCRA): The SCRA protects service members and can delay or stay divorce proceedings if a spouse is deployed or otherwise unavailable due to military duties.
- Military pensions & benefits: Retirement pay, Tricare, and other benefits generally require special handling. Division often needs a separate court order—a QDRO or an equivalent order that satisfies military/DFAS requirements—to make the split effective.
Understanding the Servicemembers Civil Relief Act (SCRA)
“The Servicemembers Civil Relief Act can delay divorce proceedings if a spouse is deployed or unavailable.”
Under the SCRA, service members who are deployed or on active duty can request a stay (a temporary pause) of court proceedings if their military service materially affects their ability to participate. Practically, this means your divorce timeline can be extended when a service member is unavailable—but the law exists to make sure the service member isn’t disadvantaged by being on duty.
How to manage SCRA delays:
- Communicate early with your attorney about deployment dates and availability.
- If you don’t want to wait, consider whether the service member will waive SCRA protections (that must be done knowingly and voluntarily).
- Use mediation, settlement agreements, and remote processes where possible to keep the case moving.
Residency considerations when stationed in California
If one spouse is stationed in California under military orders, that typically satisfies the state’s residency requirement for filing. If neither spouse is stationed here, you still must meet California’s general residency rules. Confirming residency status early avoids jurisdictional fights that can derail your case.
Dividing military pensions, retirement pay, and benefits
Military retirement and related benefits are some of the most valuable and most complicated assets in a military divorce. These assets often require a separate court order so that payroll and benefit systems can implement the division properly.
- Military retired pay: The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to treat military retired pay as divisible property. To actually collect a share, you typically need a court order that meets federal and DFAS requirements.
- QDRO vs. military-specific orders: QDROs apply to civilian employer plans governed by ERISA. For military pensions you’ll need an order that complies with DFAS and state court procedures—often described as a QDRO-style or “similar” instrument in plain terms.
- Tricare and health benefits: Former spouse eligibility for Tricare and other military benefits depends on specific rules (for example, the “20/20/20” rule in some cases). Don’t assume coverage will continue—confirm eligibility and plan for alternatives if necessary.
Practical example: remote military divorce handled smoothly
Here’s a real-life example from our practice: one spouse was deployed overseas, yet the entire divorce was completed remotely. We used e-signatures for documents, prepared the pension division paperwork, and handled all court filings electronically. Neither party needed to appear in person in California.
That case highlights two important points:
- Modern solutions—e-signatures, remote notarization, and electronic court filings—can keep your divorce moving even when one or both spouses are stationed far away.
- Having the right paperwork and court orders is essential to ensure benefits and retirement pay are divided and implemented correctly.
Steps to take if you’re facing a military divorce in California
- Confirm residency and jurisdiction early. Determine whether California or another state is the appropriate forum.
- Discuss SCRA implications with an attorney—know whether a stay is likely and how it will affect your timeline.
- Inventory military benefits, retirement pay, and insurance (Tricare) eligibility and gather documentation.
- Plan for the correct court orders to divide pensions and benefits—don’t assume a standard divorce judgment will be sufficient.
- Leverage remote options—e-signatures and electronic filings—to minimize need for physical appearances.
- Seek experienced counsel who understands both state family law and military-specific rules.
How I can help (Divorce661)
At Divorce661, we understand the unique aspects of military divorce in California. We help military families with:
- Residency and jurisdiction issues when stationed in California
- Managing SCRA stay requests and deployment-related timing
- Preparing the correct court orders to divide military retirement pay and benefits
- Handling cases 100% remotely when needed—e-signatures, electronic filings, and secure communication
If you want guidance tailored to your situation, I offer a free consultation. Visit Divorce661.com to schedule a free phone consultation and learn how we can make the process as smooth as possible—no matter where you’re stationed. Website: Divorce661.com
Conclusion
Military divorces in California require careful navigation of residency rules, SCRA protections, and benefit division. With the right information and experienced help, you can minimize delays and ensure fair handling of pensions and benefits. If you’re dealing with a military divorce, take action early: confirm jurisdiction, understand SCRA implications, gather benefit documents, and get help preparing the proper court orders. I’m here to help you through each step.
