Military vs. Civilian Divorce: Key Differences in Timing –
If you’re in the military and considering divorce, you’re probably wondering:
“Will this take longer because I’m serving?”
The answer? It depends. While military divorces follow the same basic process as civilian ones, certain factors can speed things up—or slow them down. Here’s what you need to know.
1. The Average Timeline for Military Divorces
In California, a simple, uncontested divorce (where both spouses agree) typically takes:
6 months (minimum state waiting period)
9–12 months if there are disputes over custody, property, or support
But for military members, additional factors come into play:
2. What Can Delay a Military Divorce?
– Deployment or TDY (Temporary Duty) – Courts must grant delays under the Servicemembers Civil Relief Act (SCRA) if service duties prevent participation.
– Jurisdiction Issues – If you’re stationed out of state, filing in the right court can take extra time.
– Dividing Military Pensions – Requires a QDRO (Qualified Domestic Relations Order), which adds paperwork.
3. Ways to Speed Up the Process
– File in a “No-Fault” State Like California – No need to prove wrongdoing.
– Agree on Key Issues Early – The more you settle outside court, the faster it goes.
– Hire a Lawyer Familiar with Military Cases – Avoids delays from paperwork errors.
4. How This Compares to Civilian Divorces
Civilian divorces can be quicker—if both spouses are in the same state and agree on terms. But contested civilian divorces often drag on 1–2+ years, just like military ones.
Need Help Navigating Your Divorce Timeline?
At Hayat Family Law, we help military families resolve divorces as efficiently as possible. Contact us for a free consultation.
