Cases in which one or both spouses are in the military  present unique problems:

·          Jurisdiction.  This means the court’s authority to decide a case.  A court may have jurisdiction to dissolve the marriage (grant a divorce), but not to order support payments.  Or, a court may have jurisdiction to order support payments, but not to divide the military retirement.  Jurisdiction to make child custody and visitation orders is governed by a different – and complicated – set of  laws.  Sometimes, the military member may file for dissolution of marriage in the state of military assignment, and  the spouse may file in another state.  The question of  which state has jurisdiction, and over what issues, may be difficult and requires expert legal advice.

·          Enforcement.   Federal law protects members of the military service while on active duty.  The court cannot make enforceable orders against an active duty military member unless he or she has legal representation.    The judge will appoint an attorney for a military member who does not have representation and is not present in court to represent himself or herself.

·          Military dependents:    Service members are required to provide certain benefits for their dependents.  In case of a marital separation, it is important to know the rights of the non-military spouse.

·          Military legal assistance: The military offers legal assistance for uncontested matters, where the spouses have an agreement.  But beware: the military attorneys who draft the agreements do not have to be licensed in California and may be unfamiliar with California law.  A poorly drafted agreement may create major legal problems later on, that will be very expensive to fix.