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Service of Process in Military Divorces

When you file for divorce are the spouse of a military member or are a military member yourself, your case will be processed differently than a civilian divorce would be. This is because military members are given special privileges under the Service Members Civil Relief Act, and cannot be sued during the lawsuit as a result. This way, service-members can devote their energy to the defense needs of the Nation without having to deal with a complicated lawsuit by an angry ex-spouse.

Another military privilege in divorce is where the spouses can file. Most of the time, divorces must be completed in the state where the military member resides. This means that if a non-member lives in a different state, he or she will need to travel to the state where the military member is stationed, and cannot file the divorce closer to home for convenience's sake. It does not matter whether a military member's spouse is a legal resident of the state where the service member is stationed, as courts are accommodating for these issues.

The military members and their spouses normally have three choices when it comes to filing for divorce. They can chose to file in the state where the filing spouse lives the state where the military member is station, or the state where the military member claims legal residency. Because the state where the member is stationed will provide the most convenience for that person that is normally where the divorce takes place.

Military members can consult their on-base legal aid office if they want more information about military divorces and their legal rights. Also, military members should be sure to get a military divorce attorney there to help them. Many divorce attorneys deal primarily with civilian marriage terminations, and may not be familiar with the laws that guide a military procedure. At Cutter & Lax, the attorneys understand military divorce process and want to help you through your case. Talk to a California military divorce attorney today for more information!


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