What are the eligibility requirements for filing for military divorce?

In California, the eligibility requirements for filing for military divorce depend on the active-duty status of the spouse. Generally speaking, the person filing for military divorce must be a resident of California, and the spouse must be on active duty in the military. If the spouse is on active duty, the person filing for divorce must have at least 6 months of residence in California or be stationed in the state through military orders. If the spouse is on inactive duty, the person filing must have at least 3 months of residence in California. Additionally, the spouse filing for divorce must also have been a resident of the county where the divorce is filed for at least 3 months prior to filing. In some cases, a non-resident spouse of an active-duty member may also file for a military divorce in the state provided they are the petitioner, they have valid grounds for divorce and they have certain ties to the state (such as military orders). When filing for military divorce in California, both parties must show that they are aware of the Uniformed Services Former Spouse Protection Act. The Act provides former spouses of military members certain protection related to military retirement benefits. Both parties must also disclose their financial interests to each other before filing for military divorce.

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