Military Divorce in San Diego Understanding Legal Rights and Obligations NEXT PAGE Introduction Introduce the concept of military divorce and its significance. Explain that military divorces are different from civilian divorces because they involve unique legal issues, such as benefits, deployments, and federal laws. Highlight the relevance of the topic to San Diego, home to many military families. Key Challenges in Military Divorce Deployment and relocation: These complicate custody arrangements and communication. Military benefits and pensions: Specialized laws govern the division of these assets. Custody issues: Deployments and moves demand flexible custody arrangements. It is the authority of a court to hear a case and apply the relevant laws. Military divorces involve both state and federal laws, ensuring that the correct court handles issues such as military pensions, custody, and support, particularly in areas like San Diego, which has a significant military presence. Understanding Legal Jurisdiction in Military Divorce Cases Residency Requirements Jurisdiction Conflicts Federal Military Laws Division of Military Benefits In a military divorce, military pensions are divided under the USFSPA with the 10/10 Rule for direct payments. Tricare healthcare benefits may continue if the marriage lasted 20 years, while housing allowances are considered for support calculations but not directly divided. Military Pensions Healthcare Benefits Housing Allowances Housing Allowances Education Benefits Steps to File for Divorce in San Diego 1. Meet Residency Requirements: Either spouse must meet California's residency rules. 2. File the Petition: Start the legal process in the appropriate San Diego court. 3. Serve the Other Party: Ensure the military member is properly notified. 4. Negotiate or Litigate: Resolve issues like custody, support, and property division. 5. Finalize the Divorce: Complete the legal process to obtain the divorce decree. THANK YOU! Phone 619-574-8000 visit us: https://primusfamilylawgroup.com/ Address 3511 Camino Del Rio South Suite 401 San Diego, CA, 92108 Mail info@primusfamilylaw.com