What You Need to Know About How Long It Takes to Get a Military Divorce in California
Compared to regular divorces, military divorces can be more complicated and lengthy. Here’s everything you need to know about how long it takes to get a military divorce in California.
Because of a law that applies to active duty military personnel, the divorce can be delayed for longer than a regular divorce might be. However, the divorce cannot be postponed indefinitely. In addition, a California divorce has a residency requirement that could further postpone proceedings.
What is the Servicemembers Civil Relief Act and Why is it Important?
The Servicemembers Civil Relief Act (SCRA) was enacted in 2003 by the United States Department of Justice and was designed to ease financial burdens on military service members on active duty. The SCRA is a federal law that provides protections to active duty military service members. The Act covers issues like rental agreements, evictions, credit card interest rates, and civil judicial proceedings.
Because the SCRA covers civil judicial proceedings, it can become involved in family law cases, including divorce cases. Therefore, if a military service member is getting a divorce, but is unavailable to appear in court due to active duty service, the court proceedings can be delayed.
Related: Military Divorce in California: Rights, Process, and Benefits
How Long Can the Divorce Be Delayed Under the SCRA?
The SCRA states that in civil court proceedings where a defendant military service member has not appeared in court, the court must not enter a default judgment until after it appoints an attorney to represent the service member. The court must grant a stay, or a suspension, of the proceeding for at least 90 days if the appointed attorney cannot get in contact with the service member, or if the service member is required to be present for action to be taken.
The service member can request extensions of the stay after the initial 90 days. However, the divorce proceedings cannot be postponed indefinitely.
How Does Residency Affect Divorce Timelines?
A couple’s place of residence could also affect the amount of time it takes for a divorce to be filed. California state law requires that either one or both spouses must have lived in California for at least the last six months, or in the county where they plan to file for divorce for at least the last three months.
Therefore, if a couple wants to get divorced in California but doesn’t meet these requirements, divorce proceedings could again become delayed.
Due to California’s mandatory six-month waiting period, no divorce in California will be completed and finalized faster than six months. This six-month period begins on the date that the spouse filing for divorce officially informs the other spouse of the divorce.
Related; How to File for Divorce in California
FAQs About How Long It Takes to Get a Military Divorce in California
How do I request a stay as an active duty service member?
You must submit a letter or other communication, usually in writing, to the court, stating why you cannot appear in court due to your service responsibilities, and a later date at which you would be available to appear.
Why does California have a mandatory six-month waiting period?
The mandatory waiting period in California is to ensure that the couple doesn’t change their mind following the divorce proceedings. While a couple can submit all of their necessary paperwork and get their divorce judgment approved in court, the divorce is not officially finalized until six months after the individual filing for divorce initially notifies their spouse.
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If you or a loved one have any more questions about the length of military divorces in California, contact us. Get your free consultation with one of our California Divorce Attorneys today!