Can I receive a waiver of service in a military divorce?

Yes, you can receive a waiver of service in a military divorce in California. This waiver allows you to bypass the process of formally notifying your spouse by hand that you are seeking a divorce. Usually, when filing for a divorce, the spouse who initiates the divorce must personally serve the other spouse the divorce paperwork to ensure that the other spouse is notified of the divorce. In a military divorce, however, since the other spouse is often away on active duty, it may not be possible to formally serve them the paperwork. The waiver of service process allows the filing spouse to bypass the formal service of the divorce paperwork. Instead, they must submit a copy of the divorce petition to the court, along with a waiver that states that they have made a good faith effort to notify the other spouse of their filing. This waiver must be signed by both spouses, though the military spouse may be able to sign it remotely. However, even if the waiver is signed, the military spouse is still entitled to receive all notices about the divorce, including the final ruling. This ensures that both spouses get the information they need about the divorce, even if one spouse is on active duty and unable to appear in court.

Related FAQs

Can I file for divorce while on active duty in the military?
Is there any difference in filing a joint petition for military versus civilian divorces?
Are there any special considerations for military divorces in other countries?
What forms do I need to complete in order to obtain a military divorce?
Can I file for a no fault divorce in the military?
Are there any special provisions for military personnel filing for a divorce?
What is a court martial order and how does it apply to a military divorce?
What are the jurisdictional issues for filing for a military divorce?
How do I determine the legal residence for a military divorce?
How is custody determined in a military divorce?

Can I receive a waiver of service in a military divorce?

Related FAQs

Related Blog Posts