San Diego Military Divorce

Guiding You through Complicated Legal Proceedings

Military families face many additional challenges when going through a divorce. State and federal laws, as well as military regulations, govern certain aspects of your case, which is why these instances can be especially complicated.

What Is the Servicemembers Civil Relief Act?

When called into active duty, The Servicemembers Civil Relief Act (SCRA) helps protect your rights. This means that you, as a service member of the armed forces, can postpone the divorce process and proceedings when you are unavailable to protect your best interests. For example, if you wish to contest a divorce that you do not agree with, SCRA may be able to postpone litigation until you are ready.

The Act can also protect you if you have failed to respond or if there is a default judgment against you because of your deployment. There are, however, strict guidelines for asserting these protections, and they are never automatically applied to your case. Because of this, it is important that you contact an experienced San Diego military divorce lawyer as soon as possible, especially if you are facing deployment in the near future.

We Advocate for Your Rights

At Cage & Miles, our highly experienced San Diego family law attorneys are up to the challenge and stand ready to fight for your rights. While the JAG can provide guidance to military servicemembers or their spouse during divorce proceedings, they cannot represent you in court. Further, the JAG legal assistance office can only help one party due to issues regarding conflicts of interest.

It is important to keep in mind a few key facts:

• Divorce and child custody proceedings are guided by state law
• Division of military retirement benefits and a determination of what retirement benefits your spouse might be entitled to are guided by federal law
• Certain military regulations may be applicable, such as the Uniformed Services Former Spouses' Protection Act
• Determining eligibility for benefits, including medical and commissary are based on the unique facts of your case as well as the applicable law

It is essential that you have our lawyer who understands the state-specific laws governing your divorce.

Skilled Representation from an Experienced Firm

The attorneys at Cage & Miles have the experience necessary to navigate complex issues, having successfully represented countless military servicemembers in San Diego family law court, including obtaining dismissals of domestic violence restraining orders, stays of proceedings under the Servicemember Civil Relief Act, and obtaining favorable custody awards for military servicemembers despite lengthy deployments and cross-country transfer of duty stations.

Growing up as the daughter of a Marine Corps Officer, Certified Family Law Specialist Shannon Miles has deep military roots in San Diego and a personal understanding of the complexity of issues facing military families. Ms. Miles serves as Court-appointed Minor’s Counsel and has served as appointed counsel for military service members under the Servicemembers’ Civil Relief Act.