For civilian divorces, the process of starting, going through, and ending a marriage is generally fairly standard. There aren’t any unusual or different procedures couples must navigate beyond the typical legal steps involved in dissolving a marriage.
However, this is different for military service members. Their military service affects nearly every aspect of their lives, including divorce. Here are some key aspects of exactly how.
Jurisdiction and filing
Military divorces can be more complex when it comes to where to file. Unlike civilian divorces, where you typically file in the state you live in, military members can choose from three options: the state where they’re stationed, the state of their legal residence (domicile) or the state where their spouse lives. This choice of jurisdiction can affect how the divorce proceeds and what laws apply.
Division of military pension
In military divorces, the non-military spouse may be entitled to a portion of the service member’s military pension, even after the divorce is finalized. This is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA). The amount depends on how long the couple was married during the service member’s military career.
For example, if the marriage lasted at least 10 years of creditable military service (known as the “10/10 rule”), the former spouse can receive pension payments directly from the military. This long-term financial consideration is a unique aspect not present in most civilian divorces.
Child custody and visitation
Military divorces often involve unique challenges in child custody arrangements due to the possibility of deployment or relocation. Unlike in civilian divorces, military families may need to create more flexible custody plans that account for potential long-distance parenting and extended absences.
The military also requires service members to have a Family Care Plan in place, which outlines how children will be cared for during deployments or other military duties.
The complex nature of military divorces can be overwhelming. For service members or their spouses who need help with their case, consider consulting a legal professional. They can help clarify the specific legal aspects of a military divorce, such as child custody, and protect your rights.