What to Know About Military Divorce in California

Divorce is a complex process as is, and it becomes even more complicated when one or both spouses serve in the armed forces. In contrast to civilian divorces, military divorces in California are subject to particular federal and state laws. To successfully navigate the process, it is essential to comprehend these rules and guidelines.

This article will help guide you through the key aspects of military divorce, including how to file, residency requirements, property division, child custody, and what to do if your spouse is deployed. This guide will help you better understand how to proceed and why speaking with a family lawyer can be so helpful.

A Military Divorce: What Is It?

A military divorce is when one or both spouses are active-duty service members or veterans. The Uniformed Services Former Spouses’ Protection Act (USFSPA) and the Servicemembers Civil Relief Act (SCRA) are two federal laws that govern these kinds of cases.

These laws protect military members and outline how benefits, retirement pay, and other entitlements are managed during divorce proceedings.

In military divorce cases, federal law supersedes state law.
While deployed, active-duty military personnel are protected from default judgments.
Divorce proceedings may be delayed for 90 days after active duty ends.

Residency Requirements for Filing in California

At least one spouse must meet California’s residency requirements to file for divorce:

At least six months must have passed since one spouse moved to California.
For the divorce to be filed, the filing spouse must have lived in the county for a minimum of three months.

You will likely qualify to file in the state if your military spouse has been stationed in California for six months or more. You must wait to file in a state where residency is established if neither spouse meets these requirements.

Serving an Active-Duty Spouse With Divorce Papers

It can be challenging to serve divorce papers to an active-duty military spouse. According to California law, someone over eighteen who is not involved in the case must personally deliver the documents to the spouse. If your spouse is deployed or stationed overseas, this can complicate the process.

Your spouse can reply to the petition after it has been served. If they fail to respond, the court may issue a default judgment, but active-duty service members are protected from this under the SCRA.

Options for Serving

Personal Service —A process server or another adult personally delivers the documents.
Waiver of Service —If your spouse agrees, they can sign a waiver permitting the documents to be mailed.
Alternative Methods —In some cases, the court may authorize alternative methods of service if personal delivery is impossible to carry out.

Grounds for Military Divorce in California

Since California is a no-fault divorce state, you can dissolve your marriage without providing evidence of wrongdoing. The two grounds for divorce are irreconcilable differences where the couple can no longer remain together or if one spouse is legally unable to make decisions due to permanent legal incapacity. Fault-based issues like adultery or desertion may influence property division or child custody but are not required to file for divorce.

Property Division in Military Divorce

California is a community property state, meaning all debts and assets accumulated during the marriage are considered joint property and are subject to an equal division. Military divorces, however, come with special considerations, especially when it comes to retirement benefits.

Earned military retirement benefits during the marriage are regarded as communal property.
Retirement benefits may be divided by the court, but only if there were at least ten years of overlapping military service and the marriage lasted ten years or more.
Separate property, like assets acquired before marriage or through inheritance, remains with the original owner.

Child Support and Custody

Child custody and support are critical issues in any divorce, and military divorces are no exception. California courts do not discriminate against military parents and always prioritize the best interests of the child, though relocations and deployments may make custody agreements more difficult.

The court may set a custody schedule accommodating the military parent’s duty requirements.
According to state regulations, child support is determined by considering the income of both parents, the number of children, and custody agreements.
Child support cannot exceed 60% of the service member’s pay and benefits. Military allowances are included in income calculations.

Alimony (Spousal Support)

In military divorces, the maximum amount of spousal support a service member can receive is 60% of their salary and benefits. Support is normally only granted for half the duration of a marriage that lasted less than 10 years. If the receiving spouse remarries or dies, the support will stop.

The following is used as criteria to determine spousal support:

The duration of the marriage
The financial needs and requirements of each spouse
The quality of life established during the marriage

What Happens if Your Spouse Is Deployed?

SCRA offers protections that could postpone divorce proceedings if your spouse is deployed or on active duty. An active-duty service member cannot be subject to a default judgment from the court.

Divorce proceedings may be postponed until the service member returns from deployment. Although the service member can waive these protections and move forward with the divorce, seeking legal advice is best to protect their rights.

Steps to File for Military Divorce in California

File the Petition —Submit the necessary paperwork to the local superior court, along with the Petition for Dissolution of Marriage (FL-100) and Summons (FL-110).
Serve Your Spouse —By California law, make sure your spouse receives the documents.
Exchange Financial Disclosures —Within 60 days of filing, both spouses must exchange financial information.
Negotiate Terms —Agree on child support, custody, and property division with your spouse. The court will decide if no agreement is reached.
Complete the Divorce —Sign and submit the final documents or attend a court hearing to obtain the divorce decree.

Let The Gorski Firm Guide You Through Your California Military Divorce

You don’t have to navigate through a military divorce on your own. The skilled family law attorneys at The Gorski Firm are experts in military divorce matters and understand your unique challenges. We can help you with every step of the process, from dividing military benefits and obtaining child custody to serving papers to a deployed spouse and meeting residency requirements.