Can I get a divorce without my spouse's consent in a military divorce?

It is important to understand that in California, military divorces include the same basic legal principles as civilian divorces, with a few key differences, such as filing deadlines and jurisdiction. Generally in all divorces, both parties must consent to the divorce in some form or fashion. This is an exception in California military divorces where a service member can get a divorce without their spouse’s consent if they act within the correct legal framework. In order for this to occur, the service member must have been living apart from their spouse for at least six months, and the service member must have obtained a court order granting them permission to serve their spouse with divorce papers that have been filed through the California civil court system. The court order serves as the legal permission for the service member to proceed with the divorce without the consent of their spouse. It is important to understand the military service member must have lived apart from his or her spouse for the allotted time period, that the divorce papers are properly served to the non-military spouse, and that the service member has the necessary court order to proceed with the divorce without the spouse’s consent. Without meeting all of these requirements, the service member may be unable to proceed with a divorce without the spouse’s consent, which can create a difficult situation for any service member seeking a divorce in California.

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Can I get a divorce without my spouse's consent in a military divorce?

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