Filing for divorce, but in what state?
Military couples can move from place to place on a regular basis. This can lead to questions regarding where a military couple should file for divorce. In general, the law allows for a divorcing military couple to petition for divorce in the state where either spouse has a legal residence. Typically, the person filing for divorce will file in the state where they live.
Military couples will still have to deal with most of the same issues that any other divorcing couple deals worth. This includes the following:
- The division of assets and debts
- Child custody arrangements
- Visitation for a non-custodial parent
- Child support payments
- Possible spousal support
Federal law governs the division of military pensions under the “Uniformed Services Spouses’ Protection Act” (USFSPA). This law states that “disposable retired pay” received as non-disability military retirement and earned during the course of the marriage will be considered community property subject to division when the divorce occurs.
Another aspect of military divorces is the right of service members to use the Soldiers and Sailors Civil Relief Act in their military California divorce case. This law places various safeguards on behalf of the service number to prevent a default judgment from being rendered against them. It also provides the service member with the ability to stay (pause) the proceedings of their divorce if they are overseas.
Why is an attorney needed for a California military divorce case?
Just like a divorce involving civilians, divorces when one or both spouses are in the military can be challenging. Yes, in some cases, a divorce may be uncontested, but an attorney still needs to ensure that the spouse is being treated fairly throughout the process.
For contested divorces, the only way to say it is that things can get ugly. Emotions run high, and those involved may not make the best decisions pertaining to their future in these situations. An attorney is a buffer, and they are an advocate. They will protect their client throughout the entire process by fully preparing for the divorce and representing their client in court.
Call our Westlake Village military divorce attorney today
If you are considering going through a divorce and are a military spouse, you need to work with an attorney who has a deep understanding of how California law intersects with the military concerning dissolving a marriage. At the Law Offices of Ronald K. Stitch, we have extensive experience handling complex family law issues, including military divorces. We want to make sure that you are protected throughout this entire process. Let us offer you a consultation of your case so we can determine the next steps moving forward for your situation. When you need a Westlake Village divorce attorney, you can contact us for a free consultation by clicking here or by calling 818-237-4574.