Military Divorce

Military divorces involve federal laws, military regulations, and state laws working together—making them more complex than civilian divorces. Understanding these unique rules is essential for protecting your rights.

Key differences from civilian divorce:

• Jurisdiction complexity: You may file in the state of residence, state of legal domicile, or state where the service member is stationed
• Federal protections: The Servicemembers Civil Relief Act (SCRA) provides special protections
• Pension division: Federal law (USFSPA) governs how military retirement can be divided
• Healthcare benefits: TRICARE eligibility follows specific rules based on length of marriage and service
• Support calculations: Military pay includes allowances (BAH, BAS) that affect calculations

The Servicemembers Civil Relief Act (SCRA):

• Stay of proceedings: Service members can delay civil court proceedings during active duty
• Default judgment protection: Courts must appoint an attorney before entering default judgment
• 90-day delay: Service members can request a 90-day stay if military duties prevent participation
• Interest rate caps: Pre-service debts are capped at 6% during active duty
• Does NOT mean immunity: Divorce can proceed; it just provides some timeline protections

Where to file for military divorce:

• State where the non-military spouse resides
• State of the service member's legal residence (domicile)
• State where the service member is stationed
• Consider which state's laws are most favorable for your situation

Getting started:

• Find an attorney experienced in military divorce
• Gather military-specific documents (LES, orders, benefits statements)
• Understand your spouse's current duty status and any upcoming deployments
• Check with the military's legal assistance office for free consultations