The members of the United States military must deal with the stress of a divorce the same as any civilian married couples, and when this situation arises, it can be very difficult to proceed given the obvious extenuating circumstances. As a result, there are several laws, rules and regulations in place designed to make this process as fair as possible both for the spouse of the soldier and the party who is actively serving in the military. Below are a few of these considerations.
More than 100,000 members of the military are currently serving actively in a war. As a result, the requirement of being served with a summons for a divorce can be all but impossible in certain situations. Given that the courts do not want to ever grant a divorce without the knowledge of both parties, the federal government has passed a law known as the Soldiers and Sailors Civil Relief Act. This statute states that a divorce proceeding can be postponed until such time as the soldier has finished his or her active duty and up to 60 days thereafter.
Of course, this does not take into account the situations where the divorce is uncontested or when the spouse in the military consents to the divorce proceeding. In these cases, the soldier must still be served in order to provide California courts with jurisdiction, but the soldier must sign an affidavit that waives the physical presence requirement.
Jurisdiction and Residency
Aside from providing the California courts with jurisdiction as described above, there are also residency requirements that must be met in order for a divorce proceeding in California to be considered valid. It’s quite common for married military members to wed their spouse in one jurisdiction and then move around quite often, giving rise to the probability that a divorce proceeding could arise in a different jurisdiction than where they were married.
California law states that in order for a divorce proceeding that involves a military member to be considered legally valid, at least one of the parties must either reside in California or be officially stationed in California. If neither of these requirements is met, the petition for divorce could be dismissed for improper jurisdiction.
Understanding San Diego Military Divorce
Everyone understands and appreciates the sacrifices made by the brave men and women who serve in the United States Armed Forces. Our soldiers ask almost nothing for themselves and give everything for our country, and they deserve all of the notice they receive for the courageous work that they do. However, soldiers are also human and must deal with the same common problems that anyone else must face from time to time. This includes the possibility that their marriages will end in divorce.
Below you will find a brief overview of the realities that relate to military divorces. You will also find information regarding how someone who is serving in the military will enjoy some basic extra protections so that they can have their legal rights properly protected while they serve our country. Anyone in this position needs to obtain the help of experienced San Diego divorce lawyers as soon as possible.
Military Divorce – A Brief Introduction
In general terms, when a member of the military decides to pursue a divorce, he or she will face largely the same procedural steps as those who become involved in a civilian divorce. However, military divorces are becoming more prevalent in recent years as the rate with regards to these cases has risen. This comes as no surprise to many experts given the stress involved with overseas deployments and the number of people who are sent into combat zones for multiple tours. Therefore, the need for help from San Diego military divorce attorneys is as great as it has been for some time.
Examples of Protections for Deployed Soldiers
When a soldier is deployed overseas, he or she obviously cannot be distracted by a divorce case. In addition, he or she faces obvious disadvantages given the logistics involved and that person’s inability to build a case that will protect his or her legal rights. As a result, there are laws in place that allow for time to pass for someone who is deployed that provide that soldier with the proper opportunity to respond to a divorce case and to present his or her side of the situation.
There are also new laws emerging around the United States that will prevent a change in child custody for military personnel who are deployed overseas until he or she can return and defend his or her position. These laws have been passed recently and will be enforced so that those who are forced into this extremely difficult position can allow themselves to focus on their mission.
How Scott Family Law Military Divorce Lawyers Can Help
If you or someone you love is a member of the military who is facing a divorce or some other family law issue, you need to seek the help of San Diego military divorce lawyers who have been fighting for the rights of our valuable service members for many years. Contact the law office of James D. Scott today to schedule an initial consultation.Get Help Now