For those who serve in the military, the actual process of how to file for divorce can be complicated. There’s several hurdles to account for, including where exactly the divorce should be initiated from. If a servicemember is stationed in California, can he or she file for divorce in CA?
The answer is that it depends, but given their lack of mobility and rigid nature of their role, servicemembers have several options that can help get the divorce process moving along.
Divorce Can Be Filed From the Service Member’s State of Domicile
Since servicemembers don’t really get a say to where they’re stationed, it can be difficult for them to establish residency in any given state. The Servicemembers Civil Relief Act accounts for this by allowing them to retain the residency of the state they lived in when they signed up.
Thus, for the purposes of divorce a servicemember can initiale the process in his or her original state of domicile.
Filing for Dissolution of Marriage in CA
What about when you’re in California and looking to kick things off there? This depends on whether you are eligible for residency as established in California Family Law Code §2320.
Once you reach the statutory requirements (6 months of residency in CA and 3 months of residency in your given county), you can then move forward with a dissolution of marriage in CA. If you don’t meet the requirements, your next step should be to check with an experienced divorce attorney in CA to help you explore other options you may have.
Check in for a Free Consultation with a California Divorce Attorney
There are many unique challenges to the divorce process that are specific to those in the military. Issues such as custody, alimony, and other disputes become much more complicated when you consider the nature of a servicemember’s day-to-day.
This is why you need a reputable and trusted divorce attorney on your side, someone who can help guide the process from beginning to end while helping you protect your interests. Learn more about how we can help with your divorce and other family law questions and issues in CA.
Call the Law Offices of James P. White today at 925-271-0999 to book a free consultation.