F
amily law practitioners must, to some degree, be legal generalists. The common occurrence of crossover issues with other practice areas is unique
to family law practice. Upon reflection, this intersection makes sense. Family law can touch on all aspects of people’s lives: property, bankruptcy, crimes, injury, and employment, to name a few. Any legal issue that can happen to a person can find its way into a family law case. The intersection of family and military law is especially unique to family law practice in San Diego. With both U.S. Navy and U.S. Marine Corps bases in the county, San Diego
MILITARY FAMILY LAW By Koryn Sheppard
is indisputably a “military town.” Divorce rates among service members are higher than in civilian families. U.S. Census Bureau data indicates that service members have both a higher rate of marriage and a higher rate of divorce than civilians. It is almost inevitable that during their career, the San Diego-based family law practitioner will handle a military family law matter. Service members involved in family law matters are subject to two sets of legal authorities that do not always fit comfortably together: the Articles of the Uniform Code of Military Justice (UCMJ) and California Family Law. These can have an especially punitive effect on service members who face repercussions from the State Superior Court and the military. Actions that may have no effect on a civilian client may result in criminal-like consequences for military clients. Service members who fail to adhere to military regulations face severe penalties from the military. Conversely, the military does not have jurisdiction over military members’ spouses (JAG officers can only prosecute civilians in extremely limited circumstances). The inequity in governing authority and consequences is poignant in domestic violence matters, especially involving mutual restraining orders. The military can subject a service member to a no-contact (NCO) or military protective order (MPO). These have the same effect as a restraining order but without the rigors of legal due process protections or procedural requirements. The Commanding Officer (CO), who may have no legal training or knowledge, issues these orders by completing a two-page DD 2873 form.
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SAN DIEGO LAWYER
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November / December 2023