Why It’s Different From Other Divorces
Divorce is stressful no matter where you live and what your circumstances are. Each state has its own provisions, which were ultimately designed to protect people but which end up making life easier for some and more difficult for others.
For example, under California court guidelines, any property acquired during the marriage is considered community property. This means that each spouse is entitled to half of all assets and debts in a divorce.
Other states may divide property on an equitable basis, based on factors such as the length of the marriage and each party’s contributions.
While California divorce laws are the same when one or both spouses are in the military, there are nuances in military divorce cases that can make these proceedings more complicated.
To ensure that your divorce is handled properly and that you get what you are entitled to in a divorce settlement, it is important to rely on a Certified Family Law Specialist (CFLS), who has experience with military divorces and the skill to help ensure the best possible outcome in your case.If you or your spouse are in the #military, the #divorce process is a little different. Click To Tweet
How to Get a Military Divorce in California
The first step toward getting a military divorce in California is to ensure that you meet the residency requirements listed under the California divorce code:
- At least one spouse must have been residing in California for a period of six months prior to when the divorce is filed OR
- At least one of the spouses must be a member of the U.S. Armed Forces stationed within the state
California has an option for default judgment in divorce. Default judgment means that, if one spouse does not respond to the other’s petition for divorce, a judge can still legally dissolve the marriage. There is an exception to this rule when the spouse who did not initiate the divorce is deployed.
According to the Soldiers and Sailors Relief Act, if a deployed service member’s spouse files for divorce, the divorce proceedings are postponed until 60 days after the end of the deployment. The purpose of this law is so that members of the military do not come back from overseas to discover, to their surprise, that they are no longer married.
Property Division in Military Divorce
Military pensions are sometimes an exception to California’s community property rule. An ex-spouse cannot claim entitlement to a share of his or her military spouse’s military pension unless there was a period of 10 years during which the couple were married and the military spouse was active duty military.
Child support guidelines for military parents are very similar to those for civilians, except that the amount that the military spouse is ordered to pay in child support and/or spousal support cannot be more than 60 percent of the military spouse’s income.
Contact Denham & Britt About How to Get a Military Divorce
Denham & Britt, LLP exclusively handles family law cases in San Diego County. We are Certified Family Law Specialists with years of expertise in divorce, child support, child custody, and spousal support.
Contact Denham & Britt to set up a free consultation about your family law case. Talk with attorneys Donna Denham and Jennifer Britt to learn how you can find a peaceful resolution to your family dispute.