Can I file for divorce while on active duty in the military?
Yes, you can file for divorce while on active duty in the military in California. Active military service members have the right to file for divorce in California, even if they are stationed outside of the state. This is possible because US divorce law allows the court to accept jurisdiction over a divorce petition even if the petitioner is located in a different state. In order to file for divorce while on active duty, the service member must show that they have been a resident of California for at least six months. The service member must also provide the court with valid proof of their active duty status, such as military orders. The service member must also inform their spouse, who is known as the “respondent”, of the divorce proceedings. The Respondent will have the opportunity to respond to the divorce papers and the court will consider their response before making a judgement. If the Respondent does not respond, the court may grant the divorce without the Respondent’s input. If the Respondent does choose to respond, then the court will consider both sides of the case when making its decision about the divorce. Overall, it is possible to file for divorce while on active duty in the military in California. The service member must provide proof of their residence, active duty status, and inform their spouse of the proceedings. The court will then decide the divorce based on both sides of the case.
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