Military Divorce Information

military divorce

Is a divorce different for someone in the military?

The answer to this is not black and white. Although there are certainly federal and state laws which govern a divorce involving a member of the U.S. armed forces, most of the time these are not at issue in an uncontested divorce with our customers who are in the military.

Some things can be different. For instance, issues ranging from retirement accounts, to spousal support, to where you can file your divorce can be different for those where at least one of the spouses is currently serving in the armed forces of the United States. The term "military divorce" is not a legal term, but rather a term which describes a divorce when one party is in the military.

Does a person in the military have any specific rights?

If you are filing for divorce, and your spouse is in the military, then your spouse has certain rights under the Soldiers' and Sailors' Relief Act of 1940 and all amendments thereto. In most divorce cases involving our customers, this is not an issue, as both parties are typically in agreement when they are divorcing, and the military spouse will opt to waive any available rights, in favor of a simple divorce.

What options do I have on where to file for divorce when in the military?

When filing a divorce, a person in the military has the option to file in the state where they currently reside, or they can also file their divorce in their home state of record.

Will I have any problems filing for divorce while me or my spouse is in the military?

For the most part, someone filing a divorce who is in the military, or has a spouse in the military, will follow the same laws that any civilian divorce would follow. Most of the time, there is no difference in the divorce.