Military divorces differ from standard family law cases when it comes to residence requirements for filing, obtaining process service on an active duty spouse, compliance with military rules and regulations, and the division of a military pension. In order for a court to have jurisdiction over the military divorce case, it’s necessary to personally serve the active duty member with a summons and petition for dissolution of marriage.
The attorneys at the California Family Law Attorney Group can make this confusing process easier to understand. Federal regulations have recently been changed to make the process serving easier on military couples with children when the military spouse is stationed overseas. Federal agencies and uniformed service members are now responsible for expediting the legal process, no matter the spouse’s active duty location.
A military divorce differs in the following areas:
- Child Support: Payments made to child support are strictly to benefit the child and can account for a large amount of a service member’s pay.
- Spousal Support & Alimony: Alimony payments can last for extended periods of time and make up a large portion of the service member’s military or retirement pay.
- Military Retirement: A spouse is not automatically eligible to the military member’s retirement. The duration of the marriage as well as other assets are factors that are considered when dividing the retirement plan.
- Military Disability: Disability rating for the service member can effect payments to the spouse.
Many issues will arise in military divorces that are not dealt with in a common divorce. As such, it is imperative that you consult an experienced attorney at the California Family Law Attorney Group to help you navigate the complex divorce process.