Military Divorce

Military service is generally not considered a change of state residency for divorce proceedings if the primary domicile (home mailing address & driver's license address) remains unchanged. When considering dissolution while in the military, proceedings are properly initiated in the state of residency subject to restrictions based upon satisfaction of the minimum time required to establish state residency. That is, most states require between 90 to 180 days of residency before acquiring jurisdiction, even though one or both spouses may be serving tours outside U.S. national borders.

Military Divorce Requirements

State law governs divorce requirements for all U.S. residents. Within these requirements, especially in the case of a contested proceeding, one or more appearances may be required in state court before dissolution is granted. Typically, all military personnel have access to civilian attorneys employed by the various branches of service who provide free counsel regarding each states requirements. These civilian attorneys tend to specialize in one area of the law (i.e. family law) covering 50 states and territories. In some cases, termination of the marriage may be obtained for filing fees only.

Military Procedures

Military personnel are free to retain any qualified attorney for a military divorce regardless of association, or absence of association, with the federal government. Most often, a local attorney is retained, with pre-permission arranged for court appearances. State courts usually accommodate military personnel to a greater extent when leave is required to attend. Note also an obligation to pay child support for minor children (up to age 21 in many states to reach majority) may be subject to termination upon the child entering military service at age 18.

See Also: Attorneys, Online, Military, Filing