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When members of the United States military go through divorce, they have certain protections and requirements under federal law. At the same time, the laws of the state where the papers are filed control the proceedings. Servicemembers and their spouses seeking clarity often ask these questions when ending a marriage.

4 Common Questions About Military Divorce 

In what state can I file for divorce? 

Generally, state laws permit spouses to file in the state where one spouse has a legal residence. California's family law requires one spouse to live in the state for six months before filing and for three months in the county where they intend to file. If both of you have lived in California for a minimum of six months but in different counties for three months, you can file for divorce in either county.

Are there special matters military members should consider?

divorce-Jackson-CA

One issue to consider before filing is the division of the military pension, a complicated matter that states handle differently. The Uniformed Services Former Spouses’ Protection Act (USFSPA) is the federal law that governs how military pensions are divided in divorce cases. This act gives the power to divide the pension according to the state in which the military member legally resides. If you have a choice of filing locations, a family law attorney can help you determine which state's law is more favorable to you.   

What can slow down the process?

Typically, a spouse receiving divorce papers has a specific time to file a written answer, usually 30 days. However, the federal Servicemembers Civil Relief Act (SCRA) extends the deadline if the spouse receiving the papers is on active duty, has received orders, or is deployed overseas. They must make a written request for a stay to postpone the proceedings temporarily. The stay lasts for 90 days but can be longer if action in the case would interfere with the servicemember's duties. 

How is child support decided in California? 

California state courts use a complex formula to calculate child support. You must know California family law and federal and state tax law to make the computation, so the state advises consulting a family law attorney. Formula factors include each parent’s gross income, mandatory payroll deductions, income tax deductions of both spouses, and the percentage of time each parent spends with each child. Hiring an attorney with experience in military divorces will ensure your rights are protected.   

 

If you're facing a military divorce, seek help from Robert G. Moore, Attorney at Law, in Jackson, CA. This veteran-owned and -operated law firm offers more than 50 years of family law experience representing military servicemembers in Amador and Calaveras counties. Visit their website for more information on their services, or call (209) 257-1728 for an initial consultation.

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