Legal Question in Family Law in California

Re: Military Divorce in California, but Legal Resident of Oregon

You can call me to discuss your case. I will not charge you for the phone call.

Re: Military Divorce in California, but Legal Resident of Oregon

This is a bit complicated. First of all, California will not have jurisdiction over your military pension unless you so agree (generally). Since it seems OR is the home state on your LES, you could file for divorce in OR. She could then file in CA (assuming she's been here for 6 months) and there would be a decision as to which state has jurisdiction. One possiblity is that everything but custody/visitation would be decided in OR and the kid stuff in CA (again, assuming the child has been in CA a significant period of time)

Oregon is a community property state, too.

Lastly, you can file here with a "Tucker" petition. That gives CA jurisdiction over everything but property (i.e., your pension)

Re: Military Divorce in California, but Legal Resident of Oregon

1. You can protect your pension in California if done right and she is the Petitioner, and that is the usual concern of military people.

2. If the child has resided in Cal for six months or longer, Cal.likely will make the decisions re the child.

3. Notwithstanding response #1, above, do not get hung up on community v.non-community states. It is my impression that "non-community property states" get the same general results, albeit by a different path.