What is a no-fault divorce in the military?

A no-fault divorce in the military is a divorce where neither party is to blame or at fault for the ending of the marriage. This type of divorce is available to both active duty and retired members of the military in the state of California. To be eligible, the military member must meet certain criteria. These include that the marriage has been irretrievably broken for at least six months and the spouses must have lived apart from each other for a least six months. The no-fault divorce process for military members in California is similar to that for civilians. The one difference is that the military spouse’s earnings, allowances and benefits may be taken into consideration when it comes to determining the amount of the spousal support (alimony) owed and the amount of property that should be given to each spouse. The court may also decide to award a portion of the military spouse’s retirement pay to their current or former spouse. Generally, the court will look at factors such as length of the marriage, age and literacy levels of the spouses, who has custody of the children and the available income and assets of each spouse when making these decisions. In addition, there are special “service members civil relief act” provisions in the military that are designed to protect military members from the unfair judgments that may be made due to their military service. These provisions allow for an automatic stay of the proceedings for 90 days if the military member is on active duty and unable to appear in court. Overall, a no-fault divorce in the military is basically the same as that of civilians, although special laws and provisions apply in order to protect military members.

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What is a no-fault divorce in the military?

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