Chino Hills Military Divorce Lawyer

Chino Hills Military Divorce Attorney

A common legal service offered by a family lawyer is representation in a military divorce. A good Chino Hills military divorce lawyer is experienced in matters related to these types of cases. There are some distinct differences between military divorce cases and other divorce cases. It is important to employ an attorney who is well-versed in these types of cases and who understands the intricacies of military divorce.

The Edgar & Dow has handled countless successful military divorce cases and has more than ten years of experience serving Chino Hills and greater Southern California as a military divorce attorney.

Our award-winning firm takes a pragmatic and results-oriented approach in the courtroom. We are knowledgeable and know that military divorce cases can be delicate. We know how to handle issues that can be difficult for military families carefully, especially child custody and division of assets.

Residency Requirements for Military Divorce

One of the two parties must either be stationed in California or reside there to file for divorce in California. It is typically recommended that the party who files the initial paperwork be the party who meets the residency requirement to make things easier. The specific residency requirements for California divorce are as follows:

  • Be a California resident for at least the last six months prior to filing
  • Live in the county where you file for at least the past three months prior to filing

These requirements sometimes cause difficulties in military divorces when the active military party cannot disclose their location, even to their spouse. For this reason, if the non-military spouse resides in California, the divorce can proceed no matter where the military member spouse is stationed.

Additionally, most military families or members are commissioned to move about every three years, but for some, it’s even more frequent. If the spouse gets relocated amid divorce proceedings, it can cause problems if they are the filing party.

Military Divorce Forms

The steps for filing for a military divorce in Chino Hills are basically the same as those required for a non-military divorce; however, there are specific forms that must be filed. These forms are listed below.

  • Petition: One spouse petitions their partner to end the marriage
  • Summons: The filing spouse requests a response to the petition and lists what will happen if they don’t
  • Proof of Service of Summons: Proves you legally served your partner with the two documents above

You must also provide your spouse with specific financial information within 60 days. These must also be legally served. Because it is oftentimes harder to serve active service members, many filing spouses choose to serve all documents–the petition, summons, and financial documents simultaneously.

If you are unsure of the location of your partner, a reputable Chino Hills military divorce lawyer can offer suggestions on how to proceed. The required financial documents are described below.

  • Declaration of Disclosure: Outline of documents you are serving your partner with
  • Income and Expense Declaration: Information regarding your income with two months of supportive documents to verify your statement of income
  • Schedule of Assets and Debts or Property Declaration: Information regarding any outstanding debts you owe as a couple and any property you own as a couple

All necessary divorce paperwork must be filled out to the most accurate detail, and one minute error or mistake can delay the process significantly. A Chino Hills military divorce attorney is recommended to assist with paperwork filing, serving, and court deadlines. Hiring a Southern California family law attorney who has experience in military divorce situations can substantially shorten the time of your divorce case.

Chino Hills Military Divorce Waiting Period

One important facet of California military divorce is that it requires a six-month waiting period from the date of filing before a court can grant a divorce. This is true for both non-military and military divorces.

Military Divorces FAQs

Q: What Is the SCRA Divorce in California?

A: The SCRA permits a court to delay the proceedings of a divorce for active military members until they finish the duration of their deployment. It is possible for the spouse of the active dealing member to waive the postponement of the divorce case, but in the interest of the active member, ideally, they would be most protected by hiring a military divorce attorney to represent them on their behalf and protect their rights throughout the divorce proceedings for which they cannot be present.

 Q: How Do You Get a Divorce if Your Spouse Is in the Military?

A: The divorce process for military spouses in California is similar to that for non-military divorces. However, some potential difficulties can arise in a military divorce. To preempt these potential obstacles, it is important that you speak with an experienced military divorce attorney to advise you on your specific situation.

Q: Is It Hard to Get a Divorce in the Military?

A: Divorcing an active service member can be somewhat challenging, depending on the situation. For example, if your spouse is stationed overseas or is stationed in an undisclosed location, serving them with initial paperwork can prove difficult. An experienced military divorce attorney who knows how to get around these unique situations is ideal for simplifying a military divorce.

Q: Does Military JAG Deal with Divorce?

A: While JAG legal consultations are free of charge, JAG is not an option for filing for a military divorce. A civilian attorney must file paperwork for divorcing military members or their civilian spouses. It is recommended to hire a family law attorney with a practice that focuses on military divorce clients to get optimal legal advice and representation for your case.

Employing a Chino Hills Military Divorce Attorney

If you are active military or the spouse of active military, the Edgar & Dow understands what makes military divorce unique and can provide you with legal services for your Chino Hills military divorce case.

Contact a member of our effective and assertive legal team to discuss your case and the options you have for proceeding with your military divorce. We can answer any questions you have regarding your specific situation and/or California divorce law as it applies to you.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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