Your military divorce can be complicated and time-consuming. There are federal statutes that apply, as well local procedures to follow in your state of residence or on the base where you serve, or where your spouse serves.
Some military families move around so much that a divorce may last throughout their moves and deployments across more than one or two bases, countries or states.
Military divorce is not applied to the spouse who is serving in the military. It is applied to the spouse of a serviceman or woman. The military divorce law is an area of law that has been growing rapidly, but it does present some unique challenges for those seeking advice on how to proceed with their case.
The laws that govern military divorces are varied and complex, but it would be best for you to consult with an attorney who specializes in this area of law before proceeding with your case, and especially in the state of California – the laws here are different than most states, even when it comes to military divorce.
Divorcing an active duty spouse – your rights under the Spouses Protection Act
In cases where one spouse is on active duty, the spouses protection act can provide certain additional rights to the non-military spouse.
The spouses protection act was put in place to ensure that military marriages are protected and that a divorce does not have a negative effect on a military member’s career. The law also grants certain privileges to the non-military spouse and protects the active duty member’s spouse from the consequences of divorce.
The Spouses Protection Act (SPA) was passed in 1986.
Under SPA, a servicemember can divorce without an allegation of adultery and incur no adverse consequences to their military career.
However, this does not apply to reservists or members of the National Guard.
The Spouses Protection Act (SPA) of 2000 is a federal law that provides protections for active duty service members who are married to someone other than an active duty member. The enforcement of this law is to protect spouses from unfair treatment when they are trying to divorce their military spouse.
The SPA is not just limited to military state laws, but it also includes federal laws that govern interstate travel. It prohibits state courts from interfering with certain types of transfers made by active duty servicemembers without their spouses’ consent, and it prohibits states from requiring a servicemember’s spouse be present when the servicemember’s will or sharing agreement is executed or in order for them to receive a divorce.
Military spouses often face an increased level of stress when they are dealing with a divorce. This is because they have to wait up to a year before their divorces can be finalized due to the legal process in the military. In addition, the spouses protection act may not apply if there is a state law that applies to their case.
In California, the laws may vary from other states. Different states have different laws and in California the Military Spouses Protection Act (MPPA) gives you certain rights that you would not be entitled to in other states. The MPPA was enacted on January 1, 2012 and its purpose is to protect military spouses from abuse and financial hardships. This law would also require the state courts to provide military families with at least one parent who has physical custody of their child with a parenting plan that is suitable for the family’s situation.
Military divorce in California – first steps for both enlisted personnel and military spouses
Although divorce can be an unpleasant and traumatic experience in the civilian world and the military world alike, there are certain benefits when you file for divorce while one or both of you is in the military.
Whether you live at home or overseas, you get the free legal assistance that you can obtain at your installation. As a first step in beginning your divorce proceedings, you will need to go to your local U.S. Armed Forces Legal Assistance Office and speak to them about your options.
Remember that while the legal assistance attorneys are free to you as a member of the armed forces or a spouse of an active duty member of the armed forces, they will not represent you in court.
Remember that while this may be a very emotional time for you, you also need to keep track of the material side of things. You will be able to get advice from a free military financial consultant in order to work out your financial situation as well as your tax situation in accordance with federal laws and California state law.
How to file for a divorce in California as a military spouse
There are many challenges that come with being a military spouse. These challenges continue and grow if your marriage doesn’t work out. In the civilian world, things might not be as complicated because there are no long deployments and an additional sense of duty that comes on top of one’s regular marriage vows.
There is also the guilt that comes with asking for a divorce before, after or during a long deployment. The emotional and financial tolls can be overwhelming, but there are resources available to help you through this difficult time.
In California, it’s possible to file for a no-fault divorce while your spouse is on active duty or within 2 years of their discharge from the military.
Filing for no-fault divorce in California
Divorce can be an emotional and difficult process. For military personnel, it can be more complicated because of the move and separation from family and friends.
Military personnel must first file their paperwork with the National Guard Bureau (NGB), and then go to the state they are filing for divorce to finalize their divorce.
A California military divorce can be filed in one of two ways. Either through the NGB or by filing at a courthouse in California.
Filing for a no-fault divorce in California has become easier over the years.
In order to file for a no-fault divorce in California, there are some steps that must be followed.
First, both parties need to agree on and sign a Declaration of Fact form:
A Declaration of Fact form contains questions that both parties need to answer and then sign. It includes the reason why one party is asking for divorce or annulment, whether or not they have minor children who will be affected by this decision, and if either party signed any prenuptial agreement.
Second, one spouse needs to file the appropriate paperwork with their county’s Superior Court if they wish to pursue a no-fault divorce.
Helpful tips on how to get through this difficult time in your life with dignity and respect
Divorce is one of the most difficult transitions in life. It not only affects you, but your children, friends, and family. Divorce can be difficult to navigate without the help of a lawyer. The tips in this article are meant to make the process easier for you in order to get through divorce with dignity and respect.
There are some helpful steps you should take in order to help yourself settle into a new situation, and get yourself through this difficult time:
Step 1: Find a Support Group for a Divorce Buddies – going through a military divorce may mean that you’re very far away from friends and family. If California isn’t your home state, then you should
Step 2: Make Yourself Feel Better by Spending Time with People You Trust & Care About
Step 3 – Practical Steps to Get through the Day-to-Day Transition
Child custody in military divorce
The divorce rate in the military is 25% higher than that of civilians. There are multiple reasons for this, but there is one common denominator that causes stress to both divorcing spouses. This stress is the impact of the divorce on each spouse’s child custody status.
It can be difficult for military members to get custody of their children because they are often transferred around the country, or even overseas, and there may be no childcare facilities nearby.
Military divorces can lead to a child’s relocation during a custody battle between parents. The relocation of children should only happen in extreme circumstances and not as a routine practice when developing an order for child custody.
A large portion of child custody cases in military divorces are fought over visitation rights, especially when the children are living with one parent. The courts tend to award temporary custody to the parent who is home more often. It is difficult for a deployed parent to fight this decision because they are not there in person to make their case.
Useful links about military divorce in California
Here are official military divorce links that you may find helpful in the beginning of your journey:
Official military website for managing the divorce process:
Personalized help and support for military spouses:
Weather you’re a service member or a military spouse (or both) looking for help and solutions, remember that you are never alone. You have a wide support network of resources and people whom you can talk to within the military system, whatever your needs are.