Something that many people do not know is that there are differences between a military and a civilian divorce. These are treated differently and there are different policies and procedures that need to be followed for a military divorce in California. If you are considering getting one, it is important to know the nuances. That is where an experienced family law attorney like Kendall Gkikas & Mitchell, LLP comes into the picture. Keep reading to learn more about how military and civilian divorces differ in California and how Kendall Gkikas & Mitchell, LLP can help you through the process.
- How Divorce Papers Are Served to a Spouse
- The Timeframe for a Default Dissolution
- Support and Property Division
A spouse that is an active military service member can have divorce papers filed in California, provided that they reside or are stationed there. No matter where in the world they are on active duty, this is the case. However, for the California court system to have jurisdiction, a military spouse needs to be personally served with divorce papers.
In California, a civilian divorce can be granted by “default” if the party that was served papers does not respond within 6 months. This is not the case in military divorces. To protect military spouses when they are overseas, the Soldiers and Sailors Civil Relief Act specifies that a default proceeding cannot be granted while they are on active duty, or 60 days after they return.
There are also different considerations for support and property division when it comes to military divorces in California. Such things as the Uniformed Services Former Spouses’ Protection Act regarding military retirement benefits and the calculation of child support exist in military divorces that make it even more important to have a family law attorney on your side.
If you need help with a military divorce case in California, contact Kendall Gkikas & Mitchell, LLP today!
If you and/or your spouse are in the military and you are considering a divorce some nuances need to be considered. The good news is that Kendall Gkikas & Mitchell, LLP have experience with military divorces in California. We can help you file or respond to divorce papers and we would be happy to meet to discuss the specifics of your case. If you need help with your child support case, contact Kendall Gkikas & Mitchell, LLP today to schedule your initial consultation.
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