What are some of the laws governing a military divorce?

Military divorce law in California is governed by federal laws as well as state law. Some of the main laws governing military divorce in California include service members’ civil relief act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA). The SCRA provides active-duty military members with additional legal protections. This law prohibits the court from making any court order that would interfere with their military career or duties. It also allows military members to stay proceedings or delay proceedings if they need more time to appear in court. The USFSPA governs the division of military pensions and other benefits in the event of a military divorce. It states that former spouses can receive a portion of the military member’s retired pay and other benefits, such as healthcare or dental benefits. The division of retired pay is determined by the court and must be stipulated within the divorce agreement. Finally, the state of California has a residency requirement for filing for divorce. Generally, a military member must have been a legal citizen of California for at least six months prior to filing for divorce. The spouse of the military member must also have been a legal citizen of California for at least three months prior to filing for divorce. These are just some of the laws governing a military divorce in California. It is important to consult a qualified attorney to ensure that all legal processes followed and all rights are protected.

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What are some of the laws governing a military divorce?

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