You never expected to go through a divorce, but the military lifestyle isn’t for everyone. Your spouse has been frustrated with moving around the country, and over time, that frustration has caused a strain on your relationship.
Both of you want to get the divorce over with quickly and as kindly as possible, so you can move on with your lives. What do you need to know about military divorces?
Where is a military divorce filed?
Your spouse decided that it was time to get a divorce, but no paperwork has been filed. You both want to pursue a divorce in a state where it’s as fair as possible. Since you’re stationed in a new location regularly, you’re not sure where to begin. You actually have several options.
There are several possibilities for where a military divorce could be filed. You may choose to file it in the state where you are stationed, for example, or your spouse may file in his or her home state. You may be able to file in the state where you have legal residency, too. That means that there are potentially three locations where you could file for divorce; it’s important to know the laws in each state to determine which location is most beneficial for your case.
Could I lose my military benefits during divorce?
Military benefits and pensions are treated much like civilian retirement benefits. That means that they can be divided during a divorce. Usually, there are rules as to how long you must be married before that occurs. A share of your military retirement is automatically paid to your former spouse if you’ve been married for 10 years that overlapped with 10 years of service. It may be possible to negotiate that out of your divorce settlement, although your spouse is entitled to these benefits.
These are just a few things to consider. Our website has more on what to expect during a military divorce.