Residency and going through a military divorce

| Jan 4, 2019 | Military Divorce

As you may know, you need to be a resident of a state where you’d like to file for divorce. As a member of the military, that isn’t always easy, though. You may not qualify as a resident in the state where you’d like to file for divorce because of moving, which makes it hard to decide where to divorce.

You have other options, though. For instance, you can choose to divorce in the state where you can claim residency or in the state where you’re currently stationed. You can also choose to file for divorce in the state where your spouse is a resident. With these options, there’s no need to travel a great distance to go back to the state where you were married or to another state where you hold residency if you’re happy with filing at your current base’s location.

Why should you consider different state options for divorce?

The main reason is the difference in property division rules. In Texas, the state follows equitable distribution rules. If you chose to file in California, on the other hand, then you’d be held to community property laws. In community property states, you and your spouse are entitled to 50 percent of the marital assets each. In equitable distribution states, the assets are divided in whatever way is fairest for the couple.

These are a few things to think about with your divorce. Your attorney can help guide you on the best solution for your situation, so you can go back to focusing on more important things in your life.

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