Serving in the armed forces can place an incredible strain on a marriage. In fact, the current divorce rate among military couples is around 4.8%, compared to about 2.5% in the general population. Military divorce is essentially the same as a civilian divorce, except some federal laws will apply. Certified Family Law Specialist Judy L. Burger shares the top ten frequently asked questions she often fields about California military divorce.
#1. Do I Need a Military Lawyer (JAG) for a Military Divorce?
While most military posts have legal assistance attorneys from the Judge Advocate General’s Corps available for advice, they do not handle divorces. You need a family law/divorce attorney in your state to handle your military divorce. To file for divorce in California, one of the spouses must be a California resident for at least six months and have lived in the filing county for at least three months.
#2. Will the Military Serve Divorce Papers to My Spouse?
The military services may help you locate your spouse, especially if they are on an overseas deployment, but they are not required to serve divorce papers for you. A California divorce lawyer can help you serve divorce papers.
#3. Can I Get a Default Judgement for a Military Divorce in California?
While default judgments in many civil law cases are permissible, the Servicemembers Civil Relief Act (SCRA) prevents this in military divorces. The court may permit up to a 90-day delay to allow active-duty service members to respond to a divorce petition.
#4. Does Child Custody Automatically Go to the Non-Military Spouse in a Military Divorce?
This is a popular misconception that is false. California courts do not discriminate against active-duty military parents when deciding child custody issues. The court will consider all relevant factors and decide according to the child’s best interests.
#5. Are Military Service Members Required to Pay Child Support?
A California family law court may order child support from either spouse, regardless of if they are military or not. However, a service member’s child support obligation cannot exceed 60% of their disposable income. Spousal and child support is taken seriously in the military, as is paying any debt. Service members who fail to meet their financial obligations may be subject to court martial or other disciplinary actions.
#6. How Is Property Divided in a Military Divorce?
California’s “community property” laws apply when dividing property in a military divorce. However, some federal provisions apply to benefits like military pensions. CA Family Law Attorney Judy Burger can explain more about military divorce property divisions in a confidential consultation.
#7. Can I Still Get Military Benefits After a Divorce?
Asset divisions in a military divorce are often governed by the “20/20/20 Rule.” In order to receive military benefits after divorcing a service member:
- You must have been married for at least 20 years.
- Your ex-spouse must have served in the military for at least 20 years.
- Your 20 years of marriage must overlap with 20 years of your ex-spouse’s military service.
This only applies as long as you do not remarry. There are variations to this rule, so consult with a Military Divorce Lawyer like Judy Burger for the most up-to-date information.
#8. Will the Military Pay to Move a Spouse Back to the United States After a Divorce?
In the event of a divorce occurring overseas, the military may cover the moving expenses of the nonmilitary spouse. Typically, other moving expenses are subject to negotiation and are determined as part of the final divorce agreement.
#9: I’m Originally from Another State. Can I Get a Military Divorce in CA?
Yes. If you and your military spouse are stationed in California and you have established residency here for at least six months, you can file for a divorce in California.
#10. Where Do I Start a Military Divorce in California?
Contact The Law Offices of Judy L. Burger for more information about Military Divorce in California. We have eight offices throughout the state, and several are convenient to major military bases. Get the experienced help and guidance you need in a military divorce. Contact us today to schedule a confidential consultation near you.