If you are planning to file for divorce, you may want to complete the process as quickly as possible so you can start moving forward. But if you or your spouse is actively serving in the military, this could complicate your timeline. You also need to keep several considerations in mind to effectively navigate a military divorce.
How long does a military divorce take? Here is what you need to know about this process.
The Average Timeline for a Military Divorce
There is no concrete answer to “How long does a military divorce take?” as several factors can affect the timeline.
In California, there is a minimum waiting period of six months for divorce cases. This timeline starts on the date that the respondent spouse is served with divorce papers or makes a court appearance, whichever is sooner. The divorce cannot be finalized until six months after this date as a “cooling off” period to give both spouses ample time to think through the decision.
For military divorce, a few factors could extend this six-month timeline. If the military spouse is deployed on active duty, the Servicemembers Civil Relief Act (SCRA) allows a minimum 90-day stay or pause.
Whether or not the divorce is contested or uncontested will also impact how long a military divorce takes.
- Contested divorce occurs when the couple cannot agree on all matters in the divorce, requiring them to involve the court.
- Uncontested divorce occurs when the spouses are in agreement on key issues and do not need a judge to decide for them.
Contested divorce often takes longer due to court hearings, mediation sessions, and other delays as the couple works through their differences.
A divorce attorney can help you understand all of the factors affecting the duration of a military divorce and help you navigate military-specific divorce laws effectively.
Residency Requirements for a Military Divorce in California
Most states have residency requirements for filing for divorce, including California. When one spouse is in the military, this can impact their “residency” and the filing location.
To file for divorce in California, one or both spouses must have resided in California for six months or longer and have been a resident of the filing county for at least three months. Under this rule, a military member who has been stationed in California for six months or longer also meets these requirements.
Serving Divorce Papers to an Active Duty Spouse
One of the first steps in the military divorce process involves one spouse filing for divorce, then serving the documents to their spouse. “Serving” is an official process that involves delivering the paperwork to the respondent and ensuring that they receive it. A person who is at least 18 years old and not part of the divorce case must deliver it, which means the spouse cannot deliver it themself.
When the respondent spouse is on active duty, the process of serving them with this paperwork can look a bit different. Serving the paperwork by mail with a Notice and Acknowledgement of Receipt may be permitted instead of delivering the papers in person.
Understanding Grounds for Divorce in California
One of the legal procedures for servicemember divorce in California involves citing the grounds for the divorce. In California, divorcing couples can cite either of these grounds:
- Irreconcilable differences, meaning the marriage has broken down beyond repair, and the couple has no desire to stay together
- Permanent legal incapacity of one spouse, meaning they have a severe, incurable mental condition that prevents them from participating in the marriage or divorce. This requires medical proof and a court finding in California.
There are no fault-based grounds for divorce in California, which can make the process faster than in other states that require proof of fault.
Considerations for Military Divorce in California
Understanding the military divorce process, including the expected timeline and factors that may delay the process, can help you stay informed as you file for divorce. These are a few other considerations that you should keep in mind for military divorce:
- Child custody: If you and your spouse have shared children, you will need to determine how you will share custody after the divorce. California courts do not discriminate against parents in active duty when awarding custody and visitation.
- Child support: Child support is capped at 60% of a person’s income. For military members, military allowance is generally counted as income. Child support is determined based on statutory guidelines and takes several factors into consideration.
- Spousal support: The higher-earning spouse in a military divorce can be ordered to pay spousal support, just like in a non-military divorce. A judge considers factors like the length of the marriage, the financial needs of both parties, and the health and age of both parties when determining spousal support.
- Military benefits: The Uniformed Services Former Spouse Protection Act (USFSPA) allows the courts to divide military retired pay as marital property during divorce.
When To Consider Working With a Divorce Attorney in San Mateo, CA
Individuals who are considering or preparing for divorce can seek essential legal guidance from a divorce attorney in San Mateo, CA. Working with a legal professional provides clarity and support to help the individual understand their rights under California divorce law and in the face of potential complications, such as active military deployment.
Divorce can impact everything from financial stability to parenting arrangements, and having guidance early on can help those who are overwhelmed by this process gain confidence and avoid potential missteps. If you are navigating the military divorce process, exploring how a divorce attorney in San Mateo, CA, can assist you may be helpful as you determine your next steps.
Request a Legal Consultation in San Mateo
How long does a military divorce take? This is just one of the questions you may be asking as you prepare for a military divorce in California. Hiring a divorce attorney can provide clarity throughout this process.
Request a consultation with Viola Law Firm today at 650-343-6400 to discuss your next steps.
