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Experienced San Diego Navy Divorce Attorneys

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San Diego Navy Divorce

Navy Divorces in San Diego

Serving in the United States Navy brings both unique challenges and valuable benefits. Long deployments, frequent relocations, and the demands of military life can place strain on a marriage. At the same time, service members often earn benefits such as housing allowances, healthcare, and retirement pay that become important considerations during a divorce. When a marriage ends, these factors can make the process more complex. At Fair Cadora, we understand the intricacies of a San Diego Navy divorce and provide the guidance service members, veterans, and their spouses need to navigate every step of the military divorce process. 

How to File for Divorce in the Navy

Filing for a divorce in San Diego follows California divorce laws, but there are special rules and protections for active-duty service members under the Servicemembers Civil Relief Act (SCRA). If you or your spouse are stationed at Naval Base San Diego, NAS North Island, or another nearby installation, you have options for where to file:

  • Residency Requirements: In most cases, you can file in California if you or your spouse are stationed in the state, even if you maintain residency elsewhere.
  • Deployment Considerations: If you’re deployed, the SCRA can delay proceedings until you are able to participate fully.
  • Service of Process: Military procedures must be followed to properly notify the active-duty spouse.

Having a San Diego divorce attorney familiar with Navy divorce procedures ensures your rights are protected from day one.

Navy Divorce and Child Custody

Child custody in a San Diego Navy divorce can be especially complicated due to deployment schedules and potential duty station changes. California courts prioritize the best interests of the child while also recognizing the unique service obligations of Navy parents.

  • Parenting Plans: These must account for long absences, virtual communication, and temporary care arrangements.
  • Military Family Care Plans: Required for active-duty parents to outline who will care for children during deployments.
  • Relocation Issues: Moves required by the Navy may require custody modifications.

At Fair Cadora, we craft custody agreements that meet California’s legal standards while accommodating the realities of Navy life.

Navy Divorce and Spousal Support

Spousal support (alimony) in a Navy divorce is determined by California law, but your military benefits, housing allowances, and deployment pay can affect the outcome. Courts consider:

An experienced San Diego divorce attorney can ensure spousal support is calculated fairly, taking into account the unique aspects of a military career.

  • Length of the marriage and overlap with military service.
  • Income from base pay, BAH, BAS, and special pay.
  • The non-military spouse’s earning capacity and career sacrifices due to Navy life.

An experienced San Diego divorce attorney can ensure spousal support is calculated fairly, taking into account the unique aspects of a military career.

Dividing Military Benefits in a San Diego Navy Divorce

One of the biggest concerns in a San Diego Navy divorce is how military benefits will be divided. Service members earn valuable benefits over the course of their careers, and courts must carefully determine how these will be shared in a divorce. Key considerations include:

  • Military Retirement Pay: Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts can divide military pensions as marital property.
  • Survivor Benefit Plan (SBP): This benefit can provide continued income for a former spouse after the service member’s death, but it must be addressed during the Navy divorce process.
  • Healthcare Benefits (TRICARE): Spouses married for at least 20 years during overlapping service may qualify for continued healthcare under the “20/20/20” rule. This means the marriage and the service member’s military service must each last at least 20 years, with 20 years of the marriage and service happening at the same time.
  • Housing and Other Allowances: Basic Allowance for Housing (BAH) and other entitlements may impact spousal and child support calculations.

Since military benefits are complex, having a law firm experienced in Navy divorce ensures nothing is overlooked and helps protect the benefits you’ve worked so hard to earn.

How Long Does a Navy Divorce Take?

A San Diego Navy divorce can take as little as six months, which is the minimum waiting period in California. However, cases involving deployment, contested custody, or complex property division may take longer.

Factors that affect the timeline include:

  • Whether both parties agree on major issues.
  • The active-duty spouse’s availability to participate in proceedings.
  • Property division, especially retirement benefits under the Uniformed Services Former Spouses’ Protection Act (USFSPA).

At Fair Cadora, we work to resolve cases efficiently while ensuring no important detail is overlooked.

Why Choose Fair Cadora for Your San Diego Navy Divorce

At Fair Cadora, our team of experienced divorce and family law attorneys have experience representing both service members and spouses in Navy divorce cases. Our team understands the intersection of California family law and military regulations, including:

  • Division of military pensions and benefits.
  • Compliance with federal laws like the SCRA and USFSPA.
  • Addressing deployment-related custody challenges.

Whether you’re currently serving, recently separated from the Navy, or married to someone in the Navy, we provide clear guidance, strong advocacy, and personalized strategies tailored to your case. Contact Fair Cadora today to schedule a consultation and take the first step toward protecting your rights.

Fair Cadora, APC 

Address: 9635 Granite Ridge Dr #150, San Diego, CA 92123, United States

Phone: +1 619-255-8500

Opening Hours:
Mon – Fri 8:30 a.m.–5 p.m.

Schedule a Consultation with One of Our Expert San Diego Military Divorce Lawyers

At Fair Cadora we offer a free case evaluation for potential new clients to help take some of the pressure off the divorce process. We like for our potential new clients to get to know us and get a feel for our practice, so they can feel confident with our representation. If you’re facing a child support issue and not sure where to start, contact one of our experienced San Diego family law attorneys to schedule a case evaluation.

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At Fair Cadora, we understand that family law cases can be overwhelming and stressful. The attorney you choose can make or break your case. That’s why we offer a paid strategy session to all potential clients. We want you to have the chance to connect with us and gain your trust, while receiving valuable advice and insight about your situation. During a strategy session, we will review the details of your case and provide you with an honest assessment of your legal options. The quality of our work and advice during a strategy session will allow you to make an informed decision about the next steps in your case and assess if it feels like a fit for us to work together. The first step is to request a case evaluation.

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Frequently Asked Questions

Military divorce jurisdiction in California is based on residency. Either spouse must meet the state’s residency requirements, which typically involve living in California for six months and in the county where the divorce is filed for three months.

The military has its guidelines for support, but California courts have the authority to make orders regarding child support and spousal support. These orders can be enforced through the military chain of command and garnishment of pay through DFAS.

Yes, certain military benefits, including retired pay, can be subject to division in a California divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to distribute these benefits as part of the community property. However other types of military benefits, such as VA disability pay, may not be divisible as community property.

The non-military spouse may be eligible for continued healthcare benefits through the Department of Defense if certain criteria are met. The 20/20/20 rule, which includes at least 20 years of marriage overlapping with 20 years of military service, is crucial for continued benefits.

Military service may impact child custody arrangements due to deployments and relocations. Courts consider the best interests of the child and aim to create a custody plan that accommodates the unique challenges presented by military life.

Military divorce jurisdiction in California is based on residency. Either spouse must meet the state’s residency requirements, which typically involve living in California for six months and in the county where the divorce is filed for three months.

The military has its guidelines for support, but California courts have the authority to make orders regarding child support and spousal support. These orders can be enforced through the military chain of command and garnishment of pay through DFAS.

Yes, certain military benefits, including retired pay, can be subject to division in a California divorce. The Uniformed Services Former Spouses’ Protection Act (USFSPA) allows state courts to distribute these benefits as part of the community property. However other types of military benefits, such as VA disability pay, may not be divisible as community property.

The non-military spouse may be eligible for continued healthcare benefits through the Department of Defense if certain criteria are met. The 20/20/20 rule, which includes at least 20 years of marriage overlapping with 20 years of military service, is crucial for continued benefits.

Military service may impact child custody arrangements due to deployments and relocations. Courts consider the best interests of the child and aim to create a custody plan that accommodates the unique challenges presented by military life.

No, sole legal custody and sole physical custody are not the same in California. Sole legal custody refers to who makes major decisions for the child, while sole physical custody determines the child’s primary residence.