How to Get a Divorce From a Military Spouse in California

Divorcing military personnel in California is challenging, but possible.

Finalizing a California divorce while one spouse serves in the military presents unique challenges compared to a civilian divorce. Roadblocks, designed to prevent a military member on active duty from being divorced without his knowledge, do exist. Under the Soldiers and Sailors Civil Relief Act, a divorce may be postponed for the entire time the soldier serves in the military. However, if both spouses agree to the divorce, this right can be waived, and a divorce can be granted as long as you or your spouse live or are stationed in California.

Instructions

If You Don't Agree

1. 

   If you both agree divorce is the answer, the process is easier.

   Ask if your spouse agrees that divorce remains your best option. The process becomes much simpler when this agreement exists.

2. Serve your military spouse if he doesn't want the divorce. California law requires that military spouses be personally served with a summons and petition for divorce, which becomes extraordinarily difficult if the spouse is overseas or deployed.

3. Request that the proper military authority serve your spouse with the divorce papers. Under military law, the active duty member's consent is required for this to happen.

4. Ask the court to appoint an active duty, reserve or even civilian as an officer of the court to serve the appropriate papers if your spouse will not consent to service.

5. Work around any problems that arise if your spouse is on duty overseas, as service in the territorial jurisdiction of some foreign nations may violate the Hague Convention. In this case, mail the documents to the central authority at your spouse's military location. This remains the best course of action, as that authority will then complete the service in accordance with the law of that jurisdiction.

If Your Spouse Agrees

1. 

   When both parties agree, divorce can be granted more easily.

   Ask your spouse to sign a waiver indicating acknowledgment of the proceedings if he agrees to the divorce. In that case, the judge can grant a divorce without your spouse's presence.

2. File for an uncontested divorce if you and your spouse can reach a negotiated settlement. Agreeing on support, custody, property division and maintenance will allow both parties to sign a Marital Settlement Agreement or Stipulation for Judgment.

3. File the papers with the court after both parties sign the agreement or stipulation. A divorce may be granted without either of you appearing in court.

Tips & Warnings

• Consult an attorney before beginning any legal action.

References

• Special Rules for Military
• Divorce Support
• Divorce and the Military

Resources

• Family Divorce Self Help in California