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In which state should I file in a military divorce?

On Behalf of | Feb 9, 2021 | Military Divorce

If you are considering filing for a divorce and your spouse is a military member, you may have some questions regarding jurisdiction. This is especially true if you live in one state and the military stations your spouse in another.

You may be able to choose which state you file in, so it is important to understand the divorce and property division laws of each state before filing.

Military spouses have different options for filing

According to FindLaw, there are usually three options for a military spouse seeking a divorce. You may file for a divorce in the state where you reside, in the state where your stationed spouse currently is or the state where your spouse is a legal resident.

Each state typically has different residency requirements and may or may not waive those requirements for military members.

Military members on active duty receive certain protections

If your spouse is on active duty and you wish to file for divorce, it may take longer than if they were not. The Service members Civil Relief Act protects military members on active duty from a civil action against them for a period. This does not mean that you must wait to file for the divorce, but it does mean that it can take longer. The court may delay a civil action for up to 90 days after your spouse’s release from active duty.

Whichever state you file for divorce in will determine the property division that will occur between you and your spouse. Texas is a “community property” state, which means that the courts generally distribute assets equally.