Are there any special considerations for filing for a military divorce as a civilian?

Yes, there are special considerations for filing for a military divorce as a civilian in California. First, if the military member is stationed in California, the civilian spouse must file their divorce in the county where the service member is located. Additionally, military retirement benefits are treated differently than civilian pensions in the state, and if a court awards a portion of those benefits to the spouse, the service member will need to assign that portion to the spouse directly. Furthermore, California law requires that the civilian spouse give sixty days’ notice to the service member before filing for a divorce. This helps to allow the service member time to prepare their defense, or to retain legal counsel if they wish. Additionally, California law also allows the court to designate an attorney to provide advice to the service member if they are unable to afford counsel or access their own legal representation. Finally, while the service member is not required to be present in court during the divorce proceedings, the court can schedule a hearing in the service member’s absence if needed. This is done to ensure that the service member’s rights are still being respected during the divorce process. Even though the civilian spouse does not need to deal with many additional considerations when filing for a military divorce, it is important to be aware of them to ensure the process runs smoothly.

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Are there any special considerations for filing for a military divorce as a civilian?

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