Top 10 Documents You Need Before Filing for Military Divorce

1. Your Marriage Certificate

You need a certified copy of your marriage certificate to prove the marriage exists and to establish the date it began. California courts use the marriage date to determine the community property period. Under California Family Code § 2550, the community estate includes assets and debts acquired between marriage and separation. The marriage certificate sets the starting line.

If you were married overseas or in another state, get the certified copy from the issuing jurisdiction. A photocopy from your files is not enough for court. The certificate must be certified by the county clerk or equivalent authority. If you cannot find it, your lawyer can help you request a replacement, but this takes time. Get it before you file.

2. Birth Certificates for All Children

Birth certificates establish parentage and the children’s ages. California courts need this information to determine custody, visitation, and child support. If paternity is in question, the birth certificate may not be enough, and you may need additional testing. But for most cases, the birth certificate is the starting document.

Bring certified copies, not photocopies. If your children were born overseas on a military base, you may have a Consular Report of Birth Abroad instead of a standard birth certificate. That document works the same way. Make sure you have one for each child, including stepchildren if you are seeking custody or visitation rights.

3. Your Leave and Earnings Statement

The LES is the single most important document in a military divorce. It shows your base pay, BAH, BAS, special pays, deductions, and allotments. Under California Family Code § 4058, all of these income sources count for support calculations. A lawyer who has never seen an LES cannot calculate support accurately.

Bring your last six LES statements. This gives your lawyer a picture of your income stability and any recent changes. If you are about to PCS or promote, bring the orders showing the change. BAH and pay grade changes affect support, and your lawyer needs to know what is coming.

4. Your Retirement Point Summary

If you are in the reserves or National Guard, your retirement point summary shows how many points you have earned toward a military pension. This document is essential for calculating the coverture fraction under 10 U.S.C. § 1408. Without it, your lawyer cannot determine the marital share of your pension.

Active duty service members should bring their most recent retirement estimate from DFAS. This shows projected retired pay based on current rank and years of service. The estimate helps your lawyer negotiate a fair division and spot issues like concurrent receipt or VA disability waivers that affect the total.

5. Your VA Disability Rating Letter

VA disability compensation is not divisible as property under federal law. But it counts as income for support under California Family Code § 4058. If you have a VA disability rating, bring the letter from the Department of Veterans Affairs showing your percentage and monthly amount.

If you have a rating of 50% or higher, you may qualify for concurrent receipt under 10 U.S.C. § 1414. This means you collect full retired pay and tax free VA disability at the same time. Your lawyer needs to know this because it affects both property division and support. Do not hide your VA rating. It will come out in discovery anyway.

6. Your SGLI Beneficiary Forms

Servicemembers Group Life Insurance is a federal benefit with its own rules. The beneficiary designation on file with the VA controls who gets the proceeds, regardless of what your divorce judgment says. Under federal law, SGLI passes to the named beneficiary automatically.

Bring your current SGLI beneficiary designation. If your spouse is still named, you may want to change it, but be careful. Some states treat a pending divorce as a factor in whether changing beneficiaries is allowed. Your lawyer can advise you on the timing. Do not change beneficiaries without legal advice, especially if you have children who depend on the coverage.

7. DEERS Enrollment Records

The Defense Enrollment Eligibility Reporting System tracks who is eligible for TRICARE, commissary privileges, and exchange access. Your DEERS records show who is enrolled as your dependent and when they were added. This matters for the 20/20/20 rule and for post divorce benefit eligibility.

If your spouse has their own military service record, they may have independent DEERS eligibility. If they are a civilian dependent, their enrollment depends on your service. Bring the DEERS printout showing all enrolled dependents. Your lawyer needs this to advise you on what happens to health benefits after the divorce.

8. Your Housing Lease or Mortgage

Housing is often the biggest asset in a military divorce. If you live in base housing, you need your housing assignment letter and any occupancy agreements. If you rent off base, bring your lease. If you own a home, bring the mortgage statement, deed, and recent tax assessment.

California courts divide community property real estate under California Family Code § 2550. If you bought the house during marriage with BAH and base pay, it is community property. If you owned it before marriage, it may be separate property with a community interest for mortgage payments made during marriage. Your lawyer needs the documents to run the numbers.

9. Bank Statements for the Last Six Months

Bank statements show your spending patterns, account balances, and any unusual transactions. California requires full disclosure of community assets under California Family Code § 2100 et seq. Hiding accounts or income is a quick way to lose credibility with the judge and face sanctions.

Bring statements for all accounts, including checking, savings, investment accounts, and any accounts in your name alone. If you have a TSP account, bring your most recent statement. TSP is divisible as community property, and the balance matters for the overall division. Do not omit accounts because you think they are separate property. Let your lawyer decide.

10. Tax Returns for the Last Three Years

Tax returns show your total income, including income that may not appear on your LES. If you have rental property, investments, or a side business, the tax return captures it. California courts use tax returns to verify income for support and to identify hidden assets.

Bring both federal and state returns. If you filed jointly with your spouse, bring the joint returns. If you filed separately, bring both your return and your spouse’s return if you have it. Your lawyer will compare the returns to the bank statements and LES to make sure everything matches. Discrepancies are red flags for undisclosed income.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney client relationship. Military divorce involves federal statutes and specific procedural requirements. Results vary based on specific circumstances, and past performance does not guarantee future outcomes.

Sources:

• Cornell Law School Legal Information Institute
• California Legislative Information
• Defense Finance and Accounting Service