Attorney At Law

Military Divorce: Where to File

By James Parker
/
October 21, 2021

Most couples seek to dissolve their marriages quickly and equitably with arbitration when compromise is difficult. With a military divorce, however, the issue can become complicated by the mobile nature of a soldier’s career. In these cases, it may first be necessary to find where the couple must get divorced before they can proceed. 

The question of “where?” is far more important in a military divorce than a civilian divorce. For the average citizen, they simply get divorced in the state they live in. Presumably, this is also the state they are an established resident of, and may even be the state they got married in. However, in a military divorce, the couple may have recently relocated because of a spouse's service obligation, which would mean they are not yet residents of the state they are currently living in. The couple may own property in a different state, or be living outside of their residential address. 

One of the most important issues that depend on location is the fate of the military pension. While military procedures do exist relating to divorce, they often default to the local state laws for specifics. Additionally, federal law states that in order to make court orders, including divorce rulings that impact a military pension, the court must meet certain special jurisdictional requirements. Part of the jurisdiction requirement is that the divorce must be filed in: 

  • The state in which the military spouse has permanent address (their domicile)
  • The state in which the military spouse is a resident
  • Any state that both spouses agree to

Depending on the state or territory that is chosen, the spouses may have differing amounts of leverage or laws that benefit either the military spouse or the civilian.

If you are looking to get a military divorce, you will need the help of a divorce & family law attorney who specializes in both military and local civilian laws to make the process as streamlined as possible. 

An experienced divorce & family law attorney can ensure that you are meeting all the requirements of the military and the state. Additionally, a divorce & family lawyer can help you preserve your visitation rights, military pension, or spousal support by deftly negotiating on your behalf. The best place to find a divorce & family law attorney is Attorney at Law. 

At AAL, our nationwide network of attorneys and law firms allows us to match you with an experienced divorce & family law attorney in your area. Our partners have the resources, legal expertise, and experience to handle the most contentious divorce proceedings. 

In addition to a distinguished case record, our partners also excel in client care. We understand that a divorce can be stressful and time-consuming. That’s why our partners work hard to handle as much as possible, keep you up-to-date, and take steps to make the proceedings as quick and painless as possible. 

Don’t wait. Contact AAL today for a free, no-obligation consultation and begin the process of asserting your marital rights. 

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