If you’re considering getting a divorce, and you or your spouse is an active member of the military, or both of you are, it’s important to know these special legal considerations for the state of California. As always, if you have any questions or would like specific legal advice for your military divorce, feel free to schedule an appointment with one of our attorneys at Kendall Gkikas & Mitchell by calling 909-482-1422, emailing info@parents4children.com, or by using the Quick Contact box to the right of this page.
Residency requirements for California
First, in order to petition for a divorce in California, you or your spouse must be stationed in California. He or she may be serving in the military anywhere in the world, but his or her home base must be in California in order to file for divorce in this state.
Serving or Getting Served Divorce Papers
If you initiate the divorce, your spouse will have to be served with divorce papers in-person. This includes a copy of the summons and the divorce action. However, if the divorce is uncontested, the spouse who is in the military may choose to sign a waiver affidavit to fulfill this requirement.
Timing Considerations
In order to make sure military spouses have enough time to respond to divorce proceedings, the state of California has a built-in extension for the amount of time a military spouse must respond to the divorce papers. So for example, a civilian divorce may automatically be dissolved through a default termination if the person who has been served with divorce papers fails to respond after 6 months. However, in a military divorce, the person who has been served with divorce papers has an extended time frame. The default divorce proceeding may be postponed indefinitely while the service member is on active duty, and for up to 60 days afterward. This is because of the Soldiers and Sailors Civil Relief Act, which was enacted in 1940 and amended in 2003.
Asset and Property Division, Child support in a Military Divorce
If you and your spouse have been married for at least 10 years while one of you has been actively serving in the military, you may be eligible to receive some veterans’ retirement benefits as part of the spousal support following a military divorce. Child support calculations may be affected in the special circumstances of a military divorce as well. While the court will still use the California Guideline Calculation to determine how much child support the spouse will have to pay, the court may not order support payments that cover 60% or more of the military man or woman’s pay.
Contact us for a military divorce consultation today
The attorneys at Kendall Gkikas & Mitchell specialize in military divorces, and have worked on hundred of military divorce cases over the years. You can trust them to give you sound legal advice and support throughout your military divorce. Kendall Gkikas & Mitchell specializes in family law, particularly divorce law where children are involved. If you’re part of a military family and you’re considering divorce, come discuss your options at Kendall Gkikas & Mitchell by calling 909-482-1422 or emailing info@parents4children.com to schedule a confidential initial consultation now.
