What is the difference between a regular divorce and a military divorce?
A regular divorce is the end of a marriage through the process of civil law in the state of California. A military divorce, however, is the termination of a marriage contracted between two people in the military, and is subject to different laws than those of a regular divorce. In California, the main difference between a regular divorce and a military divorce is that the military divorce is governed by both federal and state laws. This means that the military has special statutory protections and procedural requirements that may not be available in a regular divorce. For example, a military divorce can include considerations, such as division of military retirement benefits, survivor benefits, and disability payments. Another area where military divorces differ from regular divorces is in the various rules and regulations that must be adhered to in each state. For example, a military spouse must file for a divorce in the military spouse’s home state, the state the couple was married in, or the state the military spouse is stationed in. Furthermore, military divorces are often subject to the Service Member’s Civil Relief Act (SCRA). This act provides certain protections to active-duty military personnel, such as the right to request a delay in proceedings if they are deployed or otherwise unable to attend court. In conclusion, a regular divorce is a civil process governed by each state’s laws, while a military divorce is a special process governed by both federal and state laws. Military divorces must account for unique considerations, such as military benefits and the Service Member’s Civil Relief Act.
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