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.

Related FAQs

What is a Continuation of Healthcare Coverage in a military divorce?
What is the Uniformed Services Former Spouse Protection Act and how does it apply todivorce?
What are the eligibility requirements for filing for military divorce?
What if my spouse does not show up for a military divorce hearing?
Are there any differences between a military divorce decree and a civilian divorce decree?
How do I determine the legal residence for a military divorce?
What is a Military Divorce Certificate of Service?
What are the legal rights for military personnel involved in a divorce?
What is a National Guard Retirement System and how does it apply to a military divorce?
What documents do I need to obtain from the military for my divorce?

Can I file for divorce while on active duty in the military?

Related FAQs

Related Blog Posts