What are the different types of divorce in the military?

In California, there are two primary types of divorce applicable to military personnel. The most common is a dissolution of marriage, also known as a “no-fault” divorce. This type of divorce is available to all married couples, regardless of military status, and does not require one party to be at fault for the termination of the marriage. The other type of divorce available to military personnel is known as a fault divorce. This type of divorce requires the filing party to prove that the other party has committed some type of fault (such as adultery, abuse, or abandonment). In both types of divorce, the court will review and approve a marital settlement agreement that outlines the division of property and other financial obligations. The court will also decide issues such as child custody and child or spousal support. The US military offers special considerations for servicemembers who file for divorce, such as the Servicemembers Civil Relief Act (SCRA). This allows the court to delay divorce proceedings while the servicemember is on active duty, if requested by the servicemember. Additionally, military personnel can receive special benefits for themselves and their dependents after a divorce, such as the Survivor Benefit Plan (SBP). The SBP is a program that allows a former spouse of a servicemember to continue to receive payments after the servicemember’s death. No matter the type of divorce chosen, filing for divorce can be a difficult process. The court system can be complex and the rights and resources of military personnel may be unknown. To ensure all parties understand their rights, it is important to speak to an attorney who is knowledgeable of military divorce law.

What are the different types of divorce in the military?

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