Can a soldier file for divorce while deployed?

Military members are protected by a law known as the Servicemembers Civil Relief Act (SRCA). This law protects them from dealing with a divorce while they are deployed. If you’re served with divorce papers while overseas, you can request a 90-day extension to give yourself more time to respond to the petition.

Do you have to go back to state to file divorce?

You do not have to go back to the state that issued your marriage license. Instead, you can only file in the state where you or your spouse meet the residency requirement.

Can a spouse get divorced in more than one state?

Each state has a different requirement regarding the length of time that a spouse must have lived there before he or she can get a divorce in the state. Additionally, many states have a separate requirement of how long a person must have resided in the county.

How to file for divorce or legal separation?

Access the forms you will need and resources where you can get help. Learn about the requirements to file for divorce or legal separation to end your marriage or domestic partnership (or both), and where to get help.

What should I do in case of a divorce?

1. Don’t forget to consult an attorney. A lawyer can make sure that you both review and understand anything before you sign or agree. An experienced family law attorney is often a good idea for situations where the divorcing couple has a large amount of assets, property or other complicated financial matters.

Can a military spouse file for divorce in California?

A spouse or the active military servicemember must have been a resident of California for at least six months and a resident in the county where they will file a petition for divorce for at least three months. The divorce can also take place if the spouse or the servicemember is stationed in California.

How to file for divorce or legal separation in California?

Read the California residency requirements in the Basics section for more detail about whether you can file for divorce or legal separation in California. The divorce or legal separation court process can get very complicated, especially if you want to include support orders, child custody orders, and orders dividing your property.

How long do you have to live in California to file for divorce?

Remember, to file for divorce of a marriage in California, either you or your spouse must have lived in California for 6 months and in the county where you are filing your case for at least 3 months.

Can a spouse stop a divorce in California?

One spouse can initiate the action, and the other spouse or partner can’t stop the process even if they want to remain married. California is a “no-fault” state meaning that the person requesting the divorce does not need to prove that the other person did anything wrong.