Are there any special considerations for overseas military divorces?

When members of the military are stationed overseas, they must still adhere to the laws of their home state when it comes to divorce. In California, military divorces present some unique considerations. California follows a no-fault system when it comes to divorce. This means that either party can have the marriage dissolved without having to prove that the other party is at fault. However, in a case where one party is abroad, the other party has to prove that there is "irretrievable breakdown of the marriage" in order for the court to grant the divorce. This is true even if the spouse who is stationed overseas has agreed to the divorce. When it comes to overseas military divorces, California also allows the courts to decide if an absentee spouse is able to properly represent their interests in the divorce proceedings. If the court rules that they are not, it may require the overseas spouse to have a representative appointed to represent their interests. In addition, there are certain military specific rules that may be applied in an overseas divorce, such as the Uniformed Services Former Spouse Protection Act (USFSPA). This Act allows for the division of military pensions and other benefits to be allocated to a spouse if the court decides that it is equitable. Overall, the laws regarding overseas military divorces in California provide special considerations to ensure that the rights of both parties involved in the divorce are respected.

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Are there any special considerations for overseas military divorces?

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