The California Family Law Courts can only set forth rulings on issues over which they have valid jurisdiction. Thus, if a matter lies outside of a Court’s jurisdiction, the Court may refrain from addressing it. As demonstrated in a recent California ruling issued in a divorce action, however, in some matters, consent need not be explicit; instead, implied consent is sufficient. If you wish to end your marriage, it is important to speak to a skilled San Diego divorce attorney about what steps you can take to protect your interests.
It is reported that the wife joined the military in 1993. In 2000, the wife and the husband married. They had two children during the marriage. In 2016, the wife filed a petition for dissolution in San Diego County Superior Court in which she asked the Court to confirm her separate property and determine her rights to community assets. The parties also sought spousal support from one another.
Allegedly, the husband sought an immediate division of the wife’s military pension. The wife filed an objection to the Court’s exercise of jurisdiction over her pension under FUSFSPA (the Federal Uniformed Services Former Spouse’s Protection Act). The Trial Court ruled in favor of the wife on the grounds that she never explicitly consented to such jurisdiction under FUSFSPA. The parties ultimately agreed to a stipulated judgment in which the Trial Court stated it lacked jurisdiction over the wife’s military pension. The husband appealed. Continue reading