Military divorce, is defined as a divorce where one of the parties (the "service member") is active duty military, reserve or guard, or retired military. This is not a "legal" term that is recognized within the context of the law, but a lay term used to describe a divorce where one of the parties is a service member (regardless of the member's status). Being a service couple does not exempt the parties from the same requirements that civilian couples must meet when filing for divorce. However, there are some states that have relaxed the residency requirements for active duty service personnel who want to file for divorce in the state in which they are stationed.
Military Divorce & Separation Issues. Information and resources concerning divorce and separation for active duty military and family members, including information on divorce lawyers, garnishment, child support, financial concerns, support, applicable regulations, and more.
Military divorces can differ from standard family law cases when it comes to domicile or residence requirements for filing, obtaining service upon an active duty spouse, compliance with military rules and regulations, and the the division of the military pension, often the communities largest asset. A firm understanding of these issues and others are necessary to successfully resolve your family law action.
While each state may have different laws regarding how family law cases are to be handled and community property divided, the federal government has enacted legislation titled The Uniformed Services Former Spouses Protection Act (USFSPA) that governs the calculation and division of military pension benefits.
Due to the complicated issues that may arise in a family law action involving a military member, a consultation with a qualified attorney is recommended. Military Divorce can refer you to an attorney in your area who is familiar with your specific needs.
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