Many people may think that, when you receive a divorce with somebody in the military, it is the same as having a civilian divorce. However, there are many differences that you must be aware of if you and your military spouse have sat down and agreed that this is the best option for you. Military divorce is governed by state and federal laws and will help you understand where you will go to court or how pensions are divided. Military spouses are also protected under the Servicemembers Civil Relief Act, which means that they cannot be sued or begin divorce proceedings while on active duty or for 60 days following active duty. There are many more rules that you must understand in your specific case.
Making Notification Necessary
Under California divorce law, you are able to file for divorce if you have been a resident of California for six months and a county resident for three months. When you file, your military spouse does not have to be in the state when you file. However, the law requires that the non-filing spouse is notified of proceedings no matter where they are stationed. The non-filing spouse must be served when you file for divorce. If they are living off-base, the process is much like a civilian divorce. If they are residing on a military base, they may be served in person or by a sheriff. There are always options to ensure that they are served under California rules.
California Contested Divorce for Military Spouses
Under California federal law, military divorce is made easy. If there are contested issues in the divorce, the process will be made to aid you both through your difficult time. This may include the postponement mentioned earlier to help you through the divorce at your own speed. If you are looking for a faster method of divorce, you may choose summary dissolution, though you will have to meet requirements such as being married for five years or less, or not having children together.
Any divorce is difficult, but there are different laws that come into play if your spouse is in the military. This is why it is important to understand California laws and how they play a role in your divorce. Call us for more information if you are a military spouse seeking divorce.