Military divorces in California must follow specific state and federal laws that differ from the federal and state laws used in civilian divorces. Detailed rules are used to protect active duty military members from being held in default for divorce, which prevents active military from being divorced without any knowledge of said actions. Under the Soldiers and Sailors Civil Relief Act, 50 UCS Section 521, and at the local California court's discretion, divorce proceedings may be postponed for as long as the active military member is serving, along with 60 days after they return. However, if an active military member wishes to proceed with the divorce, they may waive their rights. If you are a member of the military, or are married to a military spouse and seeking divorce, please contact the experienced Roseville divorce lawyer at Herrig & Vogt, LLP.
An active duty spouse must be personally served summons and a copy of the divorce action for a California court to have jurisdiction over the active military member. If a couple is seeking an uncontested divorce, the military member may file a waiver affidavit, stating that they are aware of the divorce action. In order to file for a military divorce in California, one spouse must live in California, or an active military spouse must be stationed in California. In regards to dividing property in a California military divorce, normal state and federal property division laws apply. The Uniformed Services Former Spouses' Protection Act, or USFSPA, calculates how military benefits are to be divided when a couple is divorced. Unless a couple has been married for 10 years or longer while the member was on active duty, federal laws state that a military member's retirement will not be divided and given to a former spouse.
Since military divorce laws differ from civilian divorce laws, it may be beneficial for you to hire an experienced military divorce attorney in Roseville, CA. Our lawyers at Herrig & Vogt, LLP, have years of experience in numerous areas of divorce, and are more than capable of helping you with your military divorce.
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