Frequently Asked Questions
One spouse must reside in California to file for divorce. A judgment of marriage dissolution can only be entered if one spouse has been a resident of California for six months and a resident of the county where the proceeding is filed for three months immediately preceding the filing of the petition. Actual physical delivery to the opposing party of the summons and petition for dissolution is typically required. However, there are situations where personal service is not possible and other forms of service are appropriate and acceptable.
If you or your spouse meet the residency requirements, filing and serving a petition for dissolution to get the divorce process started is typically straightforward. Our trusted military divorce attorneys are standing by for all your inquiries and to help you navigate the process.
As with any divorce, the length of time it takes to complete the military divorce process varies depending on the circumstances of your case. The process can be lengthy and complex. If the military service member is currently assigned to a permanent duty station outside the United States or is serving in a remote area outside the country, the divorce processes may take considerably longer. A default judgment cannot be entered against a respondent in active military service unless the military member waives his or her rights. Therefore, a dissolution will not proceed in a military divorce case even if the respondent fails to respond.
If you are considering a divorce, it is essential to seek the help of our experienced military divorce attorneys who can guide you through the process and ensure that your rights are protected. Schedule your free consultation in San Diego today.
If you are a military service member or spouse, you may face unique challenges when it comes to your divorce. That is why it is important to work with an experienced military divorce lawyer. Our attorneys will be able to help you:
- Understand the Uniformed Services Former Spouses’ Protection Act (USFSPA): The USFSPA is a federal law that governs how military pensions are divided in divorce. Our military divorce lawyers are familiar with the USFSPA and can help make sure your pension is properly divided in accordance with the law.
- Navigate the Servicemembers Civil Relief Act (SCRA): The SCRA states that any default judgment entered against a respondent in the military is subject to set-aside. If the military service materially affected respondent’s ability to defend the action and respondent has a legal defense to the action, the court shall reopen the judgment. A military divorce attorney can help you navigate the SCRA and advocate for you with your military circumstances in mind.
- Resolve child custody and visitation issues: A custody or visitation modification cannot be based on the absence or relocation of a parent due to military service activation and deployment. Further, under the California Family Code, if it is feasible considering court resources, the court must prioritize child custody cases involving deployed military parents. If you have children, our experienced professionals can help you ensure your custody and visitation arrangement is in the best interests of your children.
At JWB Family Law, we recognize servicemembers and their families face unique challenges during the divorce process. Our military divorce lawyers can help you deal with these challenges and protect your rights. We’re also here if you need help with your military divorce proceedings in Temecula as well as if you require assistance with your military divorce in El Centro. We have experience working through the process and are confident we can help you navigate it successfully.
We offer our expertise during mediation, as well as legal counsel with domestic violence and restraining orders and assistance in resolving parental rights during a divorce in San Diego and across the region.
If you are involved in a divorce near La Jolla or closer to Temecula Valley, contact our firm today to set up a consultation.