Going through a divorce in San Diego is never easy, but when your military spouse is stationed overseas, it can feel nearly impossible to know where to start. At Primus Family Law Group, our team of California Certified Family Law Specialists have over 50 years combined experience helping military families through these situations. Here are the questions we hear most often:
Can I even get divorced if my spouse is stationed overseas?
Yes, absolutely. California allows you to file for divorce even when your spouse is deployed or stationed in another country. The process is more complex than a typical divorce, but it’s done successfully all the time. As a top firm in San Diego specializing in military family law, we guide clients through this process regularly.
How do I serve divorce papers to someone overseas?
This is often the trickiest part. You can’t just mail divorce papers through regular channels. Military postal systems have specific requirements, and sometimes service must be coordinated through your significant other’s commanding officer to ensure they actually receive the documents. Our experienced family law specialists handle the technical requirements to ensure it is done right.
What if my spouse’s military duties prevent them from participating in the divorce?
The Service members Civil Relief Act (SCRA) protects active-duty service members from legal proceedings they can’t attend because of their duties. Your spouse can ask the court to postpone the divorce if being overseas prevents them from participating. But this doesn’t mean your case will be indefinitely delayed. Courts only grant postponements when military duties genuinely prevent participation, and with proper legal representation, most proceedings can move forward.
Am I entitled to part of my spouse’s military retirement?
If you were married while your spouse served in the military, you may be entitled to a portion of their military retirement. There’s something called the “10/10 rule.” If you were married for at least 10 years while they served for at least 10 years, you can receive your share of the retirement directly from the military. Even if you don’t meet the 10/10 rule, you may still be entitled to a portion of military retirement. In this case payment comes from your spouse instead of the military.
What happens to my military health insurance?
You might be able to keep military health coverage after divorce, but it depends on how long you were married and how long your spouse served. This is one of those technical areas where the details really matter, and our team of California Certified Family Law Specialists can help you understand your options.
How does military life insurance work in a divorce?
Decisions about military life insurance benefits need to be made carefully during the divorce. These policies often have specific military regulations attached to them, and Primus attorneys can help you understand your rights and options.
What about custody when one parent is overseas?
Custody becomes more complicated when one parent is stationed overseas. Military service members can be reassigned anywhere at any time and can be gone for extended periods. While military income provides reliable child support, the real challenge is creating custody arrangements that adapt to deployment schedules and potential reassignments while maintaining parent-child bonds. Primus’ experienced family law specialists have helped countless San Diego military families create workable custody arrangements that serve the children’s best interests.
Why can’t I just handle this myself?
Military divorce involves federal law, California family law, and military regulations. Missing a critical deadline or misunderstanding your rights can cost you for decades. As a top firm with an experienced team of California Certified Family Law Specialists, we’ve been helping military families navigate these complexities for decades. We understand that military life comes with unique challenges and sacrifices, and service members and their families deserve legal help that respects their service while protecting their future.
What happens next?
At Primus Family Law Group in San Diego, our experienced family law specialists protect your interests and your children’s future. The first step in understanding your specific situation is to contact Primus Family Law Group at 619.574.8000 (info@primusfamilylaw.com) to discuss your case.