Are there any special provisions for military personnel filing for a divorce?
Yes, there are special provisions for military personnel filing for a divorce in California. The California Family Code (Section 4000.5) states that when a military service member is deployed, that service member can enter a stipulated agreement or order in regards to the dissolution of their marriage and any other related matters. This allows for flexibility, as the service member does not have to be physically present during court proceedings or mediation. Additionally, if a service member is deployed and their spouse does not have the financial means to maintain the marital residence, the service member can be awarded exclusive use of the home during deployment. The court also provides special provisions for dividing military pensions, which can be one of the most complicated and contentious aspects of a divorce. There are specific laws in the state of California which allow the court to divide military pensions in a manner that is just and equitable. In order to be eligible for special provisions, the service member must be a resident of California at the start of the divorce proceedings and must also have been deployed during the pendency of the divorce. The court must be made aware of the service member’s deployment in order for these special provisions to apply.
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