Though a California military divorce is treated the same as a civilian divorce in many ways, there are a few essential differences if one or both spouses are active military. Though it may still be sought for any reason, and there’s no requirement to prove that there was wrong-doing or fault, you still need to work with a military divorce attorney who has experience with these complicated proceedings.
How to serve papers to a military spouse
You can file divorce papers in California court if your spouse is an active military serviceperson anywhere in the world as long as they either reside or are stationed in California. There are a few stipulations though. For example, California courts only have jurisdiction if your spouse is personally served both a copy of the summons and a copy of the divorce action. If the divorce isn’t conteste
d then the spouse who’s in the military can sign a waiver that serves this purpose.
The process can be complex. That’s why it’s important to work specifically with a California military divorce lawyer who has experience with these matters. Kendall Gkikas & Mitchell is here to make the process as smooth and painless and possible.
There are special rules that affect military divorces
In civilian divorce proceedings, the marriage can be dissolved by default if the party who’s been served doesn’t respond to papers within six months. However, there are rules to protect people serving overseas who aren’t able to respond. That’s where the Soldiers and Sailors Civil Relief Act comes in. It ensures that these default proceedings are postponed for up to 60 days after the service member is on active duty. At Kendall Gkikas & Mitchell we know these rules inside and out. We can provide you with comprehensive military divorce assistance no matter which side you’re on.
We understand the special rules for support and division of property
Deciding on child support , divisions of property, and alimony are different in a military divorce compared to a civilian divorce. We are well skilled and versed in military divorce procedures and are ready to make the process simple for you.
If you and your spouse were married for at least ten years while one of you was active in the military then the Uniformed Services Former Spouses’ Protection Act likely applies. It provides automatic support for the former spouse, including a portion of the service member’s benefits at retirement. Another example is child support. You can still use the California Guideline Calculation, but the court is likely to not agree to child support that comes out to more than 60% of the pay of the military spouse.
You’ve found the right attorney for your California military divorce
Though you do have choices, you’ll be impressed by the experience Kendall Gkikas & Mitchell has with military divorces. We are well informed on the unique requirements and we will be there for the entire process. You can count on us to keep you 100% informed at all times. Contact Kendall Gkikas & Mitchell at 909-482-1422 today for your consultation.
