Glendale Military Divorce Lawyer

130+ Years of California Family Law Experience, Including Certified Family Law Specialist Leadership

Military divorce sits at the intersection of California family law and federal statutes that govern military service, benefits, and protections. A civilian dissolution turns on the California Family Code alone. A military divorce also brings in the Uniformed Services Former Spouses Protection Act, the Servicemembers Civil Relief Act, and DFAS pension processing rules. Navigating both systems at once requires attorneys who know where they interact and where they conflict.

At Holmes & Holmes, Attorneys at Law, we represent service members and military spouses throughout Glendale and Southern California. Attorney Leslie Ann Holmes holds the Certified Family Law Specialist designation, certified by the State Bar of California Board of Legal Specialization, a distinction held by a small number of California attorneys. Together, our attorneys bring more than 130 years of combined family law experience focused exclusively on California family law matters. We serve clients in English, Spanish, and Armenian.

Call Holmes & Holmes, Attorneys at Law today at (818) 284-6632 or contact us online to schedule a consultation with our military divorce attorneys in Glendale.

California Military Divorce Requirements

To file for divorce in California, either spouse must have lived in the state for at least six months and in the county where the petition is filed for at least three months, under California Family Code Section 2320. Active-duty service members stationed in California satisfy this requirement even when their official home of record is another state.

California is a no-fault divorce state. Irreconcilable differences is sufficient grounds; neither party must prove wrongdoing. On property division, California’s community property rules apply: assets and debts acquired during the marriage are generally divided equally. That includes military retirement pay accrued during the marriage, which is often the largest single asset in a military divorce.

Dividing Military Pensions Under the USFSPA

The Uniformed Services Former Spouses Protection Act (10 U.S.C. § 1408) authorizes state courts to divide military disposable retired pay as marital property. In California, courts apply the time-rule formula: the number of months the couple was married while the service member was on active duty, divided by total creditable service months, multiplied by 50%. The result is the former spouse’s share of the community interest in the pension.

The 10/10 Rule & the Frozen Benefit Rule

A point many clients misunderstand: a military pension is divisible under California community property law regardless of how long the marriage lasted. The 10/10 rule, which requires at least 10 years of marriage overlapping at least 10 years of creditable service, governs only the payment mechanism. When that threshold is met, the Defense Finance and Accounting Service (DFAS) can pay the former spouse directly rather than routing payment through the service member. The pension itself remains divisible even when the marriage is shorter.

For divorces finalized while the service member is still on active duty, the Frozen Benefit Rule established by the National Defense Authorization Act for Fiscal Year 2017 affects how the pension share is calculated. Under that rule, the division is based on rank and years of service at the time of the divorce order, not at eventual retirement. Cost-of-living adjustments still apply after retirement.

SBP & COAP: Two Details That Can’t Be Overlooked

Two additional elements demand careful attention in every military pension division:

• Survivor Benefit Plan (SBP): Without an SBP election, the former spouse’s share of retired pay ends at the retiree’s death. An SBP order must be served on DFAS within one year of the divorce to remain valid.
• Court Order Acceptable for Processing (COAP): The COAP is the military equivalent of a QDRO and is required by DFAS to process pension division. Unlike a standard domestic relations order, a COAP follows specific DFAS formatting requirements. Errors in drafting can result in rejection and significant delay. We handle property division matters, including pension division, with the attention that complex military assets require.

The USFSPA caps pension division at 50% of disposable retired pay. When child support or alimony garnishment is also in effect, that cap rises to 65%.

SCRA Protections for Active-Duty Service Members

The Servicemembers Civil Relief Act (50 U.S.C. § 3931) prohibits courts from entering a default judgment against an active-duty service member until the court confirms military status. A service member who receives a default judgment while on active duty, or within 60 days of leaving active duty, may seek to have it set aside.

Beyond default judgment protections, a service member can request a stay of proceedings under 50 U.S.C. § 3932 if military duties materially affect their ability to participate. Stays aren’t automatic and can last through the period of active duty plus 90 days. The SCRA doesn’t alter substantive California divorce law. Community property rules, support calculations, and the California Family Code still apply in full. The SCRA affects timing and procedure, not the underlying legal framework.

Serving divorce papers on a deployed service member requires specific procedures as well. Failure to follow them can introduce delays that push the entire case back by months.

How Military Divorce Differs from a Civilian Dissolution

Several features of military life create legal questions that don’t arise in civilian divorces.

Jurisdiction
A military divorce can be filed in the state where the service member is legally domiciled, where they are currently stationed, or where the non-military spouse resides. That choice carries real financial consequences because community property rules, support guidelines, and pension division methods vary by state.

Income for Support Calculations
Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are tax-free military allowances, but California courts count them as gross income when calculating child support and spousal support under state guidelines. Failing to account for these allowances can produce support figures that don’t reflect actual available income.

TRICARE After Divorce
A former spouse may retain TRICARE health coverage after divorce if the marriage meets the 20/20/20 rule: 20 years of marriage, 20 years of military service, and 20 years of overlap between the two. When the marriage falls short of that threshold, TRICARE coverage typically ends on the date of divorce.

Deployment and Child Custody
California Family Code Section 3047 protects deployed parents: deployment alone can’t result in a permanent change to an existing custody order. Temporary modifications are available to address deployment schedules, and courts may allow virtual visitation and delegate parenting time to family members during deployment. Parenting plans for military families should address these situations explicitly, including post-deployment custody restoration, so a later dispute doesn’t require returning to court.

How Long Does a Military Divorce Take in Glendale?

California imposes a mandatory six-month waiting period from the date the respondent is served, regardless of military status. That’s the minimum. An uncontested divorce where both parties agree on all issues can often resolve relatively quickly once that period has passed. A contested divorce involving pension division, custody disputes, or SCRA stays can take 12 to 24 months or longer depending on court scheduling and the complexity of the issues.

SCRA stays can extend timelines significantly for cases involving deployed service members, and COAP drafting and DFAS review add time even after a judgment is entered. We work to move cases forward efficiently while protecting your financial interests at each stage.

Why Clients Choose Holmes & Holmes, Attorneys at Law for Military Divorce

Our firm is led by Attorney Leslie Ann Holmes, who holds the Certified Family Law Specialist designation from the State Bar of California Board of Legal Specialization. Attorney Jamie M. Holmes brings dedicated family law experience alongside her. Together, our attorneys bring more than 130 years of combined California family law experience to every case, with a practice focused exclusively on family law matters.

Military divorce often requires both a willingness to negotiate and readiness to litigate. We don’t treat those as separate tracks. When mediation serves your interests, we pursue it. When the courtroom is the right place to protect what you’ve earned, we’re prepared to go there, including in contested cases involving complex property division, pension valuation, and high-conflict custody disputes.

We offer both flat-fee and hourly rate options depending on the complexity of your situation, and we provide initial consultations to help you understand your options before committing to a path forward. As a family-run boutique firm, we provide direct attorney access and personalized attention from the first consultation through resolution. Our clients in Glendale and across Southern California are served in English, Spanish, and Armenian.

Call Holmes & Holmes, Attorneys at Law at (818) 284-6632 or contact us online to schedule your consultation with our Glendale military divorce attorneys.

Frequently Asked Questions

How Do Military Benefits Get Divided in a Divorce?

Under the USFSPA, military pensions are divisible as community property in California. The former spouse’s share is calculated using the time-rule formula. If the marriage and service overlap for at least 10 years (the 10/10 rule), DFAS can pay the former spouse directly. Division requires a properly drafted COAP, not a standard QDRO. The Survivor Benefit Plan should also be addressed in the divorce judgment, or the former spouse’s benefit ends at the retiree’s death.

What Factors Affect Child Custody Arrangements in Military Divorces?

California courts apply the best-interests standard regardless of military status. Under California Family Code Section 3047, deployment alone can’t result in a permanent custody change. Parenting plans for military families should address temporary modifications during deployment, virtual visitation, post-deployment custody restoration, and potential delegation of parenting time to family members while a parent is deployed.

Will I Keep TRICARE Coverage After Divorce?

A former spouse may retain TRICARE eligibility if the marriage meets the 20/20/20 rule: 20 years of marriage, 20 years of military service, and 20 years of overlap between the two. If the marriage doesn’t meet this threshold, TRICARE coverage typically ends on the date of divorce. Other limited transitional coverage options may be available; we can walk you through what applies to your situation.

Can Divorce Proceedings Move Forward While a Service Member Is Deployed?

Yes, but the SCRA provides procedural protections. An active-duty service member can request a stay of proceedings if military duties materially affect their ability to participate. Courts can’t enter a default judgment without first confirming military status. Stays aren’t automatic and can last through active duty plus 90 days. The SCRA affects timing and procedure; California community property law still applies in full.