If you’re considering filing for divorce but your spouse is in the military, you might be wondering whether the process is different in California than a civilian divorce. It’s mostly the same, as if both spouses are civilians, with a few exceptions.
First, as long as one of the spouses has been a resident of California for at least six months, then you can file for a divorce from your spouse. You will simply file your petition for dissolution of marriage with the court in the county where you live.
If your spouse is not stationed out of the state or country, then your divorce will proceed as normal. Your divorce will typically only get complicated if your spouse is stationed out of the state or country.
Serving Papers on a Military Spouse
The law requires the petitioner of a divorce case to serve papers on the non-filing spouse. If your military spouse can be served papers where they are living, then you shouldn’t have any issues. However, if your military spouse is stationed on a base or in a location where they can’t easily be served, your divorce proceedings could be delayed.
Contested Divorce vs. Uncontested Divorce
An uncontested divorce can be handled fairly quickly, and you might even want to look into your eligibility for a summary dissolution.
If the divorce is contested, though, the process can be a little more difficult. The Servicemembers Civil Relief Act allows military members to delay divorce proceedings until such time as they are able to be present for the proceedings. This can make a military divorce take months to finalize.
Seek Help From a California Divorce Attorney
Whether you are filing papers against a military or civilian spouse, things can get complicated and stressful quickly. It’s typically best to have a California divorce lawyer assist you with the divorce process. It’s important for you to have a professional beside you to watch out for your best interests.
Contact The Law Office of Laurence J. Brock to discuss your divorce case today. Utilize the form located on our website, or call our firm directly at 909-466-7661.