Active-duty members and spouses of the nation’s armed forces are all too familiar with having to relocate often. These families sometimes change locations and military posts several times during the course of serving the country. Most of the time, these relocations proceed as smoothly as possible, but when divorce enters the arena, it can change things dramatically.
If you are a service member or married to one and currently considering divorce, you may want to put some thought into where you file. Military.com reports that many service members and their spouses often have a tough time figuring out where to file for a divorce. The reason for the difficulty is the changing landscape of family law from state to state and not having established residency in any one location. Each state has its own set of laws about divorce and even though they are largely similar, even the smallest difference could affect the outcome.
American military families have a few options at their disposal when filing for divorce. Active-duty members or spouses of members will have to choose a filing state where they have lived, but not necessarily the state in which the armed forces member is currently stationed. For most military divorces, residency can be established by identifying where at least one spouse conducts the majority of his or her day-to-day affairs.
For instance, if one or both spouses maintains a Fort Worth bank account and identification card (driver’s license, etc.), they may choose to file for the divorce in Texas. Other factors to consider include potential travel associated with the divorce proceedings as well as the potential cost of filing in a different state.
When both spouses put in the necessary consideration, they may find it easier to make the decision about where to file. Working with a divorce attorney familiar with military family law issues can also help ease the filing process.
Source: Military.com, “Military Divorce: Why Where You File Matters,” Rebekah Sanderlin, accessed July 07, 2015