Military Divorce Attorneys in Granite Bay, California

Overview of California Military Divorces

Military divorces in California must follow specific state and federal laws that differ from the laws used in civilian divorces. Detailed rules are used to protect active duty military members from being held in default for divorce, which prevents them 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 while 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 you are married to a military spouse and are seeking a divorce, please contact the experienced Roseville divorce lawyer at Herrig, Vogt & Hensley, LLP for assistance.

Requirements for A Military Divorce

An active-duty spouse must be personally served with a 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 here. Residency by at least one spouse gives the family law court in California jurisdiction over the case.

Property Division Rules in Military Divorces

Normal state and federal property division laws apply to property division in California military divorces. The Uniformed Services Former Spouses' Protection Act (USFSPA) calculates how military benefits are divided when a military couple is divorced. Unless a couple has been married for 10 years or longer while the member was on active duty, the military member's retirement will not be divided and he or she will have sole ownership of the retirement funds.

Experienced Military Divorce Attorneys in Roseville, California

Because military divorce laws differ from civilian divorce laws, it is important to hire a divorce attorney who is knowledgeable about laws that pertain to military divorces. Our lawyers at Herrig, Vogt & Hensley, LLP have over 100 years of experience in fighting to protect the rights of our clients who are active duty service members and their spouses.

Please complete a free case evaluation form or call us to learn more about how our firm can assist you.