How a military divorce is different from a civilian divorce

How a military divorce is different from a civilian divorce

On behalf of Stange Law Firm, PC posted in Divorce/Separation on Friday, June 28, 2019.

Military divorces can have different concerns from civilian divorces that military couples should be familiar with. While there are similarities, the military divorce process can be somewhat different in some respects which is why familiarity with the process is helpful for divorcing military spouses.

Military divorces will address property division, alimony, child support and child custody issues just like civilian divorces. The family law process can help both military spouses and non-military spouses with these concerns. In military divorces, however, there may be differences compared to civilian divorces related to support payment compliance, services of process, residency and filing requirements and the division of a military pension. One example is that spousal maintenance or alimony may be enforced through a court order, garnishment or a voluntary or involuntary allotment in military divorce circumstances.

Both federal and state laws apply to a military divorce. It is helpful for divorcing military spouses to note that jurisdiction for a military divorce is where their legal residence is rather than where they live, like in a civilian divorce, because they may be stationed elsewhere than their residence. Military members can generally file for divorce, which begins the divorce process, where the filing spouse resides, where the military spouse is stationed or where the military spouse’s legal residence is. It is also important to be familiar with legal protections that military members have from legal proceedings while they are on active duty. There are special complexities associated with dividing military pensions that divorcing military couples should also be aware of.

The divorce process can be a difficult time for divorcing spouses whether they are serving in the military or not but military divorces can have additional complexities associated with them. Fortunately, there are legal resources available to help guide divorcing military spouses through the divorce process which they should be familiar with.

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