Getting a divorce can be a complex process, especially for a military family. It is important to remember that military divorces are not necessarily harder to get than regular divorces. They just require a couple to take more legal issues into consideration.
One of the biggest issues in military divorces involves “jurisdiction.” Jurisdiction means that a court must have the legal authority to grant a divorce between you and your spouse. One of the main requirements of jurisdiction involves where a spouse files for a divorce.
Where do you file for divorce?
The spouse filing for divorce has one of the most complicated tasks: determining where to file. Military spouses can file for divorce in the state where the family is stationed or in the state that either spouse is legally domiciled or resides.
There are several factors that you can use to determine where you might be legally domiciled. These factors can include:
- Where your driver’s license was issued
- Where you pay taxes
- Where you vote
- Where you qualify for “in-state” tuition
- Where you pay real estate taxes
If one or both spouses are stationed internationally, matters could get more complicated. If a spouse filing for divorce is stationed internationally, he or she will likely need to hire an attorney to help file for divorce back at home.
Besides determining where to file, military divorces can involve pension and benefit disputes, child support and custody issues as well as other matters. If you are considering a divorce and you or your spouse is in the military, consult with an experienced military divorce lawyer to discuss your next steps.