DADI Blog

What’s a Military Divorce?

Posted by admin on April 27th, 2006

A military divorce is just a divorce where one or both parties of the divorce is actively serving or was military personnel in the armed forces such as military, reserve or guard or even retired military. This is not a legal term but is used when either person was a member of any military establishment.

However, there are a few things that are different when it comes to this type of divorce. The laws governing the couple are the same as with a civilian couple but there are some added to these laws that many people including attorneys do not know unless they have studied up on the rights and regulations that pertain to military personnel. So, neither person military or not is not exempt from the laws governing divorce in their state or in the state that they are residing. However, some states do have different residency requirements for active duty service personnel who wish to file for divorce and they are stationed in that state.

All military couples will go through the exact same type of divorce case as civilians. However, there are other factors that are considered that are not in civilian cases. Sometimes, because of where the service personnel are stationed the divorce can take a much longer time to finalize especially if they are stationed overseas or in a remote area.

When military personnel seek a divorce, not only do they need to understand the normal divorce proceedings, but also how it will affect their service in the military.

The court can delay a divorce or even appoint court counsel in many cases when one of the parties is in the military, federal legislation does entitle active members of the military to ask for this and the court will have to abide. You can find this information in the Service Members Civil Relief Act.
Even the computation of retirement pay is an issue when it comes to military personnel and the division of property as well. To understand this you will need an attorney that understand the laws and acts that pertain to military laws when it comes to divorce. For more information on this subject, you can review Qualified Domestic Relations Orders for private retirement accounts or Domestic Relations Orders for state and municipal pensions.

Even when it comes to alimony and child support the rules are different concerning military personnel. These will have to be calculated differently that if the couples were civilians.

Federal laws play an important role in military divorces. You should seek an attorney that knows the federal laws as well as state laws if you need to be represented in a military divorce.

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