There are plenty of ways in which a military divorce is similar to a civilian divorce, especially in California. For example, a reason isn’t needed and there’s no need to prove who was at fault or that there was wrong doing. However, there are a few different ways that a divorce is treated if at least one of the partners is an active military member. When you work with Kendall Gkikas & Mitchell, you can count on us to understand the difference and to move forward with you from the first step to the last.
Do you need to serve divorce papers to a member of the military?
No matter where your spouse is currently located, if they’re on active military service you can file your divorce papers in a California court as long as they are a resident of or stationed in California. That said, there are still a few hoops to jump through. Most notably, it’s necessary for your spouse to be personally served the summons and divorce action. If they aren’t contesting the divorce, then they can sign a waiver instead.
Military divorces may have different timelines
In California, it’s possible for civilian marriages to be dissolved through what are known as default terminations. Basically, if one party serves another divorce papers, and the person who was served doesn’t respond for six months, then the divorce is terminated. However, this isn’t necessarily the case for people in active duty.
Why? Because they may be overseas and they may not be in a position to respond. As a result, the Soldiers and Sailors Civil Relief Act was passed. It postpones default divorce proceedings while the service person is on active duty and for another 60 days afterwards. Do you have questions about this aspect of military divorce? If so, give us a call at 909-482-1422.
Property division may be different in a military divorce
When you’re coming up with child support, property division, and spousal support agreements, remember that military divorces do have some unique requirements. In this case, the Uniformed Services Former Spouses’ Protection Act may apply. To be eligible, you must have been married to your spouse for ten years while they were on active military duty. If you were, then you can automatically get a portion of their retirement benefits included in your spousal support award.
There are also unique rules when calculating child support. As with other cases, the California Guideline Calculation will be used. However, the court can’t order payments that are more than 60% of the pay of the military service member.
Many of these rules can be confusing to an attorney who’s not familiar with military divorces. At Kendall Gkikas & Mitchell we are proud to have worked with many military personnel and their former spouses. We know how to handle your case to get the best possible outcome for you. Call us today at 909-482-1422 for your appointment.
