Military Divorce
The process of divorce when it comes to military personnel can be different from divorce regarding two married civilians. It is not necessarily complicated, but the differences can be hard to understand at first. Complications arise from the location of filing the divorce, from the division of pension and child support, and from legal protections for the military personnel. Federal laws also affect the process of military divorce, and once you have become familiar with these laws, proceeding with the divorce will go smoothly.
One of the first obstacles for military divorces is where to file the divorce. Because of the issues with where military personnel may be stationed, it can be difficult for a spouse to know where to file for the divorce. Nevertheless, the law permits several options on where to file the divorce:
1. File in the state where the person who wants the divorce resides.
2. File in the state where the service member is stationed.
3. File in the state where the service member is legally registered as a resident.
Many states allow a member of the military to file for military divorce in the state where they are based, regardless of whether either of the divorcing individuals are legal residents of the state. The options above, however, often provide for better choices, especially if issues such as child support, grounds for divorce, distribution of property, and child custody will also be considered later in the divorce proceedings.
Although there is little difference between a divorce between a civilian couple and a military couple, certain laws pertaining to the military personnel can make things a bit more complex. Factors such as being active in service or if one spouse is based permanently in another country can be a cause for longer divorce proceedings.