Common concerns of our military clients include visitation, relocation by a parent, and the need to accurately calculate child support.
Military life brings extra challenges, such as deployments and changes in income. We know divorce is difficult—especially with these added stresses—and we’re here to help military families navigate each step.
You deserve an advocate who understands military life and will work to protect your time with your child, your finances, and your future.
Divorce can feel overwhelming, especially for active service members with children or during deployments. We’re here to guide you through these challenges with understanding and care.
At Burgos Santoyo Smith, we have guided hundreds of military families across California through divorce with care and experience. We understand the unique challenges—like BAH, disability, and retirement—and are here to support you every step of the way.
Our team is dedicated to protecting you and your family. We know the unique issues military families face and will advocate for your best interests in custody, support, and division of assets.
We help service members successfully navigate the often complex and challenging waters of divorce throughout San Diego County. Whether you or your spouse is stationed at Pendleton, Miramar, Point Loma, or Coronado, our experienced lawyers have the expertise and knowledge to make informed decisions based on your priorities.
If you are on active duty and served with divorce papers, the court will not finalize your divorce while you are deployed to protect your legal rights. The Servicemembers Civil Relief Act allows you to pause proceedings for up to 60 days after your deployment ends, so you have time to prepare your case and gather documents. If you agree to the divorce, things may move forward sooner.
In order to file for divorce in California, one spouse must have lived for six months in the state and in the filing county for at least three months. All divorce cases are handled in California’s Family Courts, not military courts. California is a “no-fault” divorce state, which means the only required reason is irreconcilable differences. The court does not consider blame or personal shortcomings when making decisions. Instead, it focuses on fairly dividing property and determining child custody and support.
Active duty service members have special protections under the Servicemembers Civil Relief Act. This allows service members to postpone divorce proceedings while on active duty.
Everything acquired during marriage is considered community property and is divided equitably in the event of divorce. California courts can divide military retirement pay under the Uniformed Services Former Spouse Protection Act. If the marriage overlapped with at least 10 years of military service (the “10/10 Rule”), the Defense Finance and Accounting Service (DFAS) pays the former spouse directly; otherwise, the service member must pay their share as ordered by the court(*1).
Not meeting the 10/10 Rule does not prevent a former spouse from receiving retirement pay—it only affects the payment method. Disability pay is not divided as property. Consult a qualified military divorce attorney to protect your interests in these complex matters.
Child support for military families in California is calculated using the California Child Support Guidelines, which take into account, among other things, the number of children and both parents’ incomes. By law, no more than 60% of a service member’s pay can be allocated to child support, and this cap may drop to 50% if the service member supports another family. These rules help ensure support orders are fair and reflect each family’s unique circumstances.
Child custody and support can be complex for military families, especially due to deployments and relocations. Working proactively with your attorney and co-parent to develop a parenting plan is critical. If you cannot reach an agreement, the court will decide arrangements based on the child’s best interests.
1* Rights and Benefits of Divorced Spouses in the Military https://www.militaryonesource.mil/relationships/separation-divorce/rights-and-benefits-of-divorced-spouses-in-the-military/
We proudly serve military families throughout California, helping service members and their spouses find fair, lasting solutions to their family law matters. Our experience spans a wide range of military backgrounds and bases, and we are dedicated to achieving the best possible outcome for you and your family.
Generally, our lawyers advise clients to pursue the most amicable path toward resolving their divorce. We find that mediation is often in our client’s best interest. Regardless, we will advocate passionately for you and your family’s best interests.
Reach out to our San Diego law office today to connect with a dedicated military divorce attorney who will advocate for you and your family’s future. Take the first step toward peace of mind—schedule your confidential consultation now.
