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18 kwi 2024 · Discover how military divorce operates in California, USA, including residency requirements, property division, child custody, and support arrangements. Military divorce is a unique legal process that comes with its own set of rules and considerations, especially when it occurs in California.
California is a community property state and California law governs the division of community property during a military divorce. This law includes determining if a spouse can be awarded part of their spouse’s military pension.
In California, either spouse must have lived in the state for at least six months and in the county where the divorce is filed for at least three months to establish jurisdiction. However, military members and their spouses may have additional jurisdiction options.
23 wrz 2024 · A court must have jurisdiction under applicable California military divorce laws and under USFSPA to issue a divorce decree. To file for divorce in California, one of the spouses must be a resident of the state for at least six months and must have lived in the filing county for at least 3 months.
For a military divorce, the Servicemembers Civil Relief Act (SCRA) allows the military spouse to establish residency in California if they are stationed in the state, or maintain their legal residence in their home state.
23 kwi 2024 · Learn where military divorce laws allow service members and their spouses to file for divorce. Abandoned spouses: Abandonment is the act of deliberately leaving one’s spouse without consent (or notification, in many cases) with no intent of returning.
Unlike standard family law cases, military divorces have different rules for residency requirements, and obtaining process service upon an active duty spouse. Military divorces also must comply with military rules and regulations, and the division of a military pension.
