Divorce Timeline With Contested Custody
Contested custody already turns a divorce into a marathon; add a deployment calendar and the race can feel impossible. California’s six month minimum waiting period still applies, but military parents face extra hoops such as SCRA stays, custody evaluations that pause when a parent ships out, and pension division drafts that bounce back from DFAS. Understanding the real world sequence keeps you from expecting a quick settlement that the system simply cannot deliver.
Months 1-2: Pleadings And Temporary Orders
- File petition or response with military pension language pre drafted
- Request temporary custody, support, and attorney fees in the same package
- Serve deployed parent via SCRA compliant mail to FPO or command legal
- Schedule expedited hearing if deployment ends within 90 days
If the service member requests a stay, the court will pause the case up to 90 days but rarely longer in custody matters. We use the interim to complete mandatory financial disclosures and line up a custody evaluator familiar with military schedules.
Months 3-5: Evaluation And Discovery
A private custody evaluation takes 60-90 days and costs $7,500-$12,000. We schedule interviews around video calls from deployment and provide the evaluator with a family care plan so they understand contingency custody. Meanwhile we subpoena LES, TSP, and VA ratings to value the marital estate.
If the deployed parent cannot participate in person, we arrange a sworn video interview that the evaluator treats equal to an office visit. Failing to do this step often results in a one sided report that recommends primary custody to the stateside parent.
Months 6-8: Settlement Conferences And Trial
Most California courts require at least one mandatory settlement conference. We exchange settlement packets 30 days prior and include a proposed parenting plan that factors in the next PCS cycle. If mediation fails, we request a trial date that avoids known deployment windows; judges will accommodate if given written orders.
Trial itself usually lasts one to three days. We present the custody evaluator, the family care plan, and a command letter confirming future availability for hearings. Courts then issue a statement of decision within 30 days, and the judgment enters immediately after.
Months 9-10: Post Judgment Cleanup
Even after the judge signs, we still need DFAS approval for pension division and TSP freeze releases. Budget an extra 60 days for federal processing. We also calendar the one year SBP election deadline and send both parties certified copies of the custody order for enrollment in the new school district.
Bottom line: plan on ten months from filing to final DFAS payment if custody is truly contested and one parent deploys during the case. Rush any phase and you risk a defective pension order that takes another six months to correct.
Ready to map your own timeline? Book a free case roadmap here and we will walk you through each milestone, build in deployment buffers, and give you a realistic finish date so you can plan your life and your career without nasty surprises.
