Divorces are already tricky enough to navigate, but the process becomes even more complex if one or both of the individuals are in the military. There are certain requirements that must be followed for military divorces and it is important to have an experienced family law attorney to help you through the process. Keep reading to learn more about military divorces and how Kendall Gkikas & Mitchell, LLP can help you with yours.
How do you serve divorce papers to a spouse in the military?
Serving divorce papers is a bit different for a spouse in the military. If your spouse is on active duty somewhere in the world, you can file the papers in a California court as long as your spouse resides or is stationed in the state. However, your spouse must also be served a copy of the summons and divorce action personally for the California court to have jurisdiction.
Can You Dissolve A Military Marriage Through Default Termination?
In California, you can dissolve a civilian marriage through default termination if the party who was served divorce papers does not respond after 6 months. However, you cannot dissolve a military marriage through default termination. This is to protect servicemen and women from being divorced while stationed overseas and unable to respond. According to the Soldiers and Sailors Civil Relief Act, a default termination is postponed while a service member is on active duty and for the 60 days after they return.
Is there anything special about child support, spousal support, and property division agreements in a military divorce?
Yes, there are some special considerations for child support, spousal support, and property division in military divorces. If you have been married for at least 10 years of active military service, a former spouse can automatically receive a portion of their retirement benefits as part of the spousal support. There are also special rules for calculating child support. Due to these nuances, it is important to hire an experienced family law attorney like Kendall Gkikas & Mitchell, LLP to help with the process.
If you need representation for a military divorce, contact Kendall Gkikas & Mitchell, LLP.
In many ways, military divorces are treated the same as civilian divorces in California, but there are some differences. It is important to have an attorney on your side who understands these nuances and can help you through the process. If you are filing for divorce and your spouse is in the military, or if you are in the military and going through a divorce, Kendall Gkikas & Mitchell, LLP is here to help. Give us a call today at 909-482-1422 to schedule your initial consultation.
To learn more about the reliable and quality family law services that we offer, visit us on the web at Kendall Gkikas & Mitchell, LLP.