The Process of Military Divorce

by | Apr 12, 2016 | Lawyers

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While the military divorce process is similar to civilian divorce proceedings, you want an experienced military divorce lawyer on your side. Whether you are a civilian seeking a divorce from an active member of the armed forces, or vice versa, you want an experienced military divorce lawyer to help you handle the process.

How Does a Military Divorce Work?

For Civilians Seeking To Divorce Military Person

If you are a civilian seeking to divorce a person who is in the military, legal proceedings may be delayed if the person involved is engaged in active duty. This is usually done to offset any emotional or mental trauma or distractions that the divorce can cause. If you, however, are unwilling to wait until your spouse returns from active duty, the court may make a request that military authorities in charge of your spouse’s station serve the divorce papers on behalf of the court. In a situation where your military spouse rejects the divorce notice served, the court may take it upon itself to send someone to serve the papers, but this is a very rare occurrence due to the costs that will be incurred – physical and otherwise. If the court is unable to send someone with the papers, the divorce proceedings will be stalled until your spouse returns home.

State laws allow non-military spouses to file in states where their military spouses are stationed, if the states are within the USA.  However, the laws governing the divorce proceedings will be the laws of the state in which the divorce was filed (this may be the state you live, the state your spouse is stationed or your spouse’s state of residence). Having a military divorce lawyer on your side will help ensure that divorce proceedings are handled as smoothly and swiftly as possible.

For Military Persons Seeking to File for Divorce

Unlike Civilians, military personnel enjoy protection from divorce proceeding; this is to ensure that their attention on the job to defend their nation is undivided and their loyalty is fully committed to national service.

We can help you stall proceedings divorce if you feel the process will affect your focus or commitment on the field. If you want to follow through with the proceedings, our attorneys at Fischer & Van Thiel, L.L.P can also facilitate the process. We represent you at court appearances and ensure that the process is carried out as smoothly and painlessly for you as possible.

Regardless of which group you fall into, you need an experienced military divorce lawyer to handle your case. If you need a Military Divorce Lawyer in San Diego or anywhere in the state of California, we will be more than happy to help you get the closure you need.