My spouse is in the military. How does that affect divorce?

On behalf of Stange Law Firm, PC posted in Military Divorce on Thursday, August 28, 2014.

Many people may not consider how being in the military affects divorce proceedings, but rest assured that there are subtle but significant differences in military divorce cases. Not only are there additional military pensions and benefits that divorcing couples must address, there are also rules that affect when and where these divorces can take place. So while the end result of a military divorce may be the same as a civilian divorce, the means to that end can require some additional knowledge.

Two of the key factors that affect a military divorce are time and location. Did you know that divorce proceedings cannot begin while a military member is on active duty or in the 60 days immediately after active duty? This is so that a person serving their country can dedicate their full attention to the task at hand.

In order for divorce proceedings to occur, there must be a presiding court with proper jurisdiction. In general for military members, a presiding court could be in the state where they hold legal residence, the state in which they are stationed or the state in which the filing spouse resides. This means that even if you live in Texas, you could end up getting divorced in Missouri.

It’s important to know that state courts hold discretion in matters pertaining to the accommodation of divorce proceedings, including where the divorce will be filed and if the divorce can continue prior to the 60 days proceeding active duty. Considerations may be based upon your specific set of circumstances.

A full rundown of all the different factors you should consider before filing for military divorce can be found here. If you’re certain that divorce is right for you, getting into contact with a legal counselor can help you understand all the facets of military divorce.

Related Posts

Debunking Common Prenup Myths

A prenuptial agreement is one form of marital agreement that spouses can create prior to their marriage. Once they are married, a prenuptial agreement becomes

Read More