Divorce where one or both of the parties are military personnel involves a more extensive set of requirements and rules than in a non-military divorce proceeding. Unlike standard family law cases, in military divorces there are 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.
All of these issues unique to military divorce have many underlying stipulations that must be followed in order to move forward with the process. For example, in order for a court to have jurisdiction over a military divorce case, it’s necessary to personally serve the active duty member with a summons and petition for dissolution of marriage. If the service member in question is overseas or deployed, the serving process can be extremely difficult.
Divorce is never an easy process, and military divorce is especially taxing because of California’s special stipulations for service members living overseas, deployed, or outside of the California jurisdiction. Make sure you understand the path ahead well before going through this difficult process. Learn more about divorce and the military.
Of special consideration is the division of military retirement and pension assets. Military assets, including a service member’s military pension, are valuable and can be divided like a marital asset in a standard divorce case. It’s necessary for both sides in a military divorce to understand how California divorce courts deal with dividing military pensions, VA Disability, and potential problems arousing from the Survivor Benefit Plan. In order to divide a military pension, the court has to have the authority to do so from the military spouse’s consent or legal residence in a state.
If you have a question regarding Family Law in Los Angeles County please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Los Angeles County. After you have spoken with our Los Angeles County Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.