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Houston, Texas
(713) 364-0170

Austin, Texas
(512) 518-1584

Advocating For You

2 factors to consider if you are divorcing a military person

On Behalf of | Apr 15, 2022 | Divorce

Depending on your situation, a divorce can be a complex and sometimes unpredictable legal proceeding. This can especially be the case if you are a civilian divorcing a military service member.

Here are two factors to consider as you navigate your divorce proceedings.

The state where you file for divorce matters

Typically, your options for where you can file for divorce are either in the state of residence of the military member or your state of residence. If the military person has a pension, it may be more beneficial for you to file for divorce in the service member’s state of residence.

Federal law upholds that the military member’s state of residence has the authority to divide a pension during your divorce. If you file for divorce in your state of residence, your state may not have the authority to divide the service member’s pension as part of the divorce.

The timeline for your divorce risks extensions

The Service Members Civil Relief Act allows military personnel to request delays for their divorce proceedings or any other claim associated with the divorce if their duties interfere with their ability to participate. These delays can be 90 days or longer and can extend the time it takes for you to finalize your divorce.

The differences of a divorce involving a service member may require you to be strategic with where and when you file for divorce. If you and your legal team can be aware of how factors affect your case, you can be better prepared to respond during your divorce.