The Servicemembers Civil Relief Act (SCRA), 50 U.S.C. app §§ 501 et seq., is a federal law that was passed by Congress to provide protection for individuals entering or called to active duty in the military service. It is intended to postpone or suspend certain civil obligations that the service member entered into before entry…
Family support, including child support and spousal support, is the domain of the state courts, and a military court will not make orders regarding family support. However, the military has an interest in ensuring that military members provide adequate support for their dependents, and has enacted policies to ensure they do so. The Navy policy,…
Military members who are divorcing often find themselves torn between their obligations to their country and their obligations to their young children. They may worry that their military service makes it impossible for them to share physical custody of their children. Fortunately, in California there are legal protections for military parents when it comes to…
In California, pensions that were earned during the marriage are considered community property, and can be divided between the parties in a divorce. This rule generally applies to military pension, but there are some special rules that pertain to them. First, in order for the court to divide the pension, the state court’s jurisdiction, or…
Under California Law, a prenup agreement is not enforceable if one party did not execute the agreement voluntarily. One of the requirements for executing an agreement voluntarily under California Family Code Section 1615(c)(2)(B) is a seven (7) day waiting requirement. In order for your agreement to be enforceable and legally binding, you MUST comply with…
