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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.
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.
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.
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.
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.
