A military divorce is subject to a different set of laws than a regular civilian divorce.  Consulting with a lawyer versed in these differing requirements is a good idea if you are involved in a military divorce.  There are certain procedures which must be followed.

First, filing can be done in three different jurisdictions: (1) the state where the filing spouse resides; (2) the state where the active duty spouse is stationed; or (3) the state where the military member claims legal residence.

There are also specific rules for serving a divorce petition on someone on active duty.  If the active duty spouse is stationed overseas or deployed during war, military personnel must agree to serve them.  They can also choose to refuse service, which may mean waiting until they return.  Also, people actively serving in the military can delay a divorce until their active service is finished and up to 60 days afterward. They may also be eligible for court-appointed counsel.

Division of a military pension is also subject to different laws than those of the state in which the divorce petition was filed.  The Uniformed Services Former Spousal Protection Act allows state courts wide discretion in treating disposable retired pay as the property solely of the military member or of both the military member and their spouse.   However, if the marriage and service lasted ten years, it is divided and paid out to the former spouse through the Defense Finance and Accounting System, by statutory requirement.  There are also strict rules regarding the reporting of the percentage of retirement pay received by the non-military spouse-it must be stated in the divorce decree.

Also, under the Uniformed Services Former Spousal Protection Act, a former military spouse is eligible for full benefits (medical, commissary and exchange) if the marriage lasted 20 years and the military member performed 20 years of service.  If the former military spouse remarries, benefits are terminated.  However, benefits are revived if the next marriage ends in divorce.

As you can see, divorce from a military member is a complicated matter.  If you are considering divorce from a military member, it is crucial to work with an attorney with experience in military divorce, as there are many issues to deal with not present in a typical civilian divorce.

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About the Author:
Elle Wood wishes to help in this difficult time of your Military Divorce by advising you to seek the attention of Military Divorce attorneys, Anderson & Boback to protect you and your assets.
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