You’re serving your country overseas when suddenly you receive divorce papers from back home in San Diego. Your mind is racing with questions, and you’re not sure what to do next. You’re already dealing with military service stress, and now you’re facing a legal battle from thousands of miles away.
You’re Not Alone
At Primus Family Law Group, our team of California Certified Family Law Specialists have a combined 50+ years of experience protecting military members’ rights during divorce and custody proceedings. We understand your unique position and we’re here to zealously advocate for your rights.
Your Legal Rights as an Overseas Service Member
Being overseas doesn’t mean you lose your rights. There are special protections for military members:
The Servicemembers Civil Relief Act (SCRA): This federal law can delay court proceedings if your military duties prevent participation in your divorce case.
Right to legal representation: You can hire your own attorney to protect your interests, even from overseas.
Choice of jurisdiction: Your spouse may have filed in their current state, but that doesn’t mean it has to stay there. You might be able to move the divorce proceeding to your legal home state or challenge whether the current court has jurisdiction.
Protecting Your Military Benefits and Pay
Your spouse may be asking for a portion of your military pay and benefits. You need to ensure any agreement is fair and follows military regulations and the skilled attorneys at Primus Family Law Group can ensure this is done right:
Military retirement: Your spouse may be entitled to a portion, but the calculation must be done correctly.
Overseas pay: Special pay like hazard pay, special duty pay, sea pay and cost-of-living adjustments have specific considerations.
Healthcare and other benefits: Understanding what your spouse can and cannot receive after divorce is crucial.
Child Custody from Overseas
If you have children, custody becomes complicated when you’re stationed abroad:
- How will you maintain a relationship with your children?
- What happens when you return stateside?
- Who pays for travel costs?
- How do deployments affect custody?
Courts must consider your military service obligations but cannot penalize you in custodial arrangements due to deployment. Nonetheless, you need a skilled attorney, like the Primus Family Law Group team of Certified Family Law Specialists, who know how to present your case effectively.
Time Limits You Can’t Miss
Even overseas, you have deadlines to respond to divorce papers. Missing these could result in a “default judgment,” meaning the court grants everything your spouse requested without hearing your side.
However, your military service may give you additional time or options to delay proceedings until you can properly participate.
Common Mistakes to Avoid
Don’t ignore the papers: This will only hurt your case.
Don’t handle it alone: Military divorce law is complex, especially overseas.
Don’t agree to everything to avoid conflict: What seems fair now might hurt you for years.
Don’t wait too long: The sooner you have representation, the better we can protect your rights.
How We Help from Overseas
At Primus Family Law Group, we work with service members worldwide:
- We communicate via secure methods that work with military networks
- We understand military schedules and work around your duties
- We coordinate with military legal offices when needed
- We can represent you in court even when you can’t be there
Your Service Matters
We have deep respect for your service and sacrifice. You shouldn’t have to choose between serving your country and protecting your rights in divorce. Our 50+ years of combined experience advocating zealously for military service members means we know how to fight for you, even when you’re halfway around the world.
Take Action Now
Don’t let distance put you at a disadvantage. Contact Primus Family Law Group today at 619-574-8000 or at www.primusfamilylaw.com to set up a 30 minute phone or zoom consultation to discuss your situation and how we can best help. We’ll explain your options, help you understand your rights, and create a plan to protect your interests while you continue serving our country.