3699 Wilshire Blvd. Ste 700, Los Angeles, CA 90010 Mon-Fri 9am-6pm +1-213-387-4508
3699 Wilshire Blvd. Ste 700, Los Angeles, CA 90010 Mon-Fri 9am-6pm +1-213-387-4508

Lawyer for Military Divorces

California Family Law Specialist

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Navigating Military Divorces in California:
A Guide for Service Members

military service person signing divorce papers


Military divorces in California present distinct challenges that require adherence to specific legal protocols. These include residency requirements and the complexities involved in serving divorce papers. For military couples, the divorce must be filed in a state where the military spouse has established domicile, residency, or in a state that both parties have mutually agreed upon.

Understanding the Legal Landscape

The process becomes more intricate when considering the stringent rules for serving divorce papers to active-duty members. The Servicemembers Civil Relief Act (SCRA) provides active duty service members with certain legal safeguards. These include the possibility of deferring divorce proceedings during active service and for up to 60 days following, in recognition of their service to national security. However, the SCRA also ensures that military obligations cannot be used to indefinitely delay divorce proceedings.

International Service of Papers

When a service member is stationed overseas or deployed, serving divorce papers must be carefully navigated through military channels, international laws, and, in some cases, the Hague Convention. This complexity highlights the importance of seeking a seasoned family law attorney experienced in military divorces.

Division of Military Benefits

In California, military retirement and pension are considered marital assets and are subject to division, assuming the court has jurisdiction. This jurisdiction can be established either through the military spouse’s consent or their legal residence. The ‘10/10 rule’ is a crucial consideration; it stipulates that if the marriage and military service overlapped for at least ten years, the Defense Finance and Accounting Service (DFAS) will directly pay the former spouse’s portion of the military retirement. If this condition is not met, the division of these assets is managed by the military spouse.

Seek Expert Legal Counsel

For those in the military navigating a divorce in California, it is imperative to consult with a legal team that possesses a deep understanding of both state and federal military divorce laws. At Charles M. Green, APLC, we offer the expertise and empathy required to handle these intricate cases. We are committed to protecting the legal rights of military personnel while honoring their service to our nation. Reach out to us for personalized legal support tailored to the unique aspects of your military divorce.

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Military Divorce Lawyer
Charles M. Green

Navigating the unpredictable terrain of divorce and family law in California demands a skilled advocate like Charles Green, whose unique blend of over 26 years of legal expertise and financial acumen as a former CPA sets him apart. Charles’s deep understanding of the financial intricacies involved in divorce, combined with his empathetic approach and commitment to clear communication, ensures that every client is equipped to make informed decisions about their future. Whether through amicable negotiation or assertive litigation, Charles is dedicated to securing the best possible outcomes for his clients, making him an invaluable ally in your family law matters. Reach out to Charles M. Green for a consultation today.

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