Going through a divorce under any circumstances is a challenge for both parties. But when one of the spouses is active duty military, it can make proceedings even more complex.
Read on to discover how military divorce works in California. For legal help regarding your military marriage, reach out to a Rancho Cucamonga divorce lawyer today.
In California, the divorcing spouse must serve the other with a summons and petition for a dissolution of marriage. This is what gives a California divorce court jurisdiction over a case. When the other spouse is deployed or on active duty overseas, however, this step becomes difficult.
That’s because a federal law called the Servicemembers Civil Relief Act (SCRA) protects military members from civil law proceedings while on active duty. Specifically, the active-duty military spouse, under this law, may be able to postpone divorce proceedings for the length of their deployment plus sixty days.
It may also go against both military policy and international agreements to serve a spouse with a divorce summons while they are on a ship or base, or in a foreign jurisdiction. However, although some military spouses may choose to waive the divorce process postponement, they don’t have to.
Other considerations, such as the settling of property, debt, military benefits, and spousal support can all be further complicated during military deployment. For that reason, hiring an experienced divorce attorney is the preferred option for either spouse looking to protect their own interests during a California military divorce.
Divorce is complicated. Military divorce can be even more so. If you’re going through a divorce, a lawyer from The Law Office of Laurence J. Brock will help you ensure that your rights are safeguarded.
Call 909-466-7661 or fill out the form below to speak with a family law specialist from our office today.