What is Unique About Military Divorce?
The pace of life is different for service members is different than that of civilians. Likewise, military families are eligible for certain financial benefits but are also vulnerable to financial hardships because of the disruptions caused by frequent moves. Therefore, California’s divorce laws contain several provisions that apply only to service members and their spouses.
- If you are a service member stationed in California, you can file for divorce in California even if your permanent residence is in another state.
- If your spouse is deployed at the time that you file for divorce, then he or she has a chance to respond to your divorce petition after returning from deployment. You cannot get a default judgment in your divorce if your spouse is deployed.
- The Servicemembers Civil Relief Act (SCRA) protects active duty service members from incurring many types of financial penalties during their active duty. This may affect the valuation of the couple’s marital assets and debts in the divorce case.
- If one or both spouses are in the military, then alimony and child support obligations begin on the day the couple separated, not when the divorce becomes final.
- You might have to share your military pension with your ex-spouse, according to the Uniformed Services Former Spouse Protection Act.
Do You Need a Lawyer for Both a Military Divorce and Civilian Divorce?
The short answer is that you probably do not need a lawyer for either. Many people, military and civilian, represent themselves in their divorce cases, even if they have children and even if their cases go to trial. You could easily end up paying upwards of ten thousand dollars for a divorce if you hire a lawyer, even if the issues in your divorce case are relatively simple.
Contact A People’s Choice About Military Divorce Document Preparation Services
A registered legal document assistant can professionally prepare the court documents for a military divorce and a civilian divorce for a fraction of what a law firm would charge. Contact A People’s Choice about legal document preparation for your military divorce case, whether it is contested or uncontested. Call us today at 800-747-2780.
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