Military divorces are similar to civilian divorces, but they aren’t the same. Multiple states may have jurisdiction over the case, and you may have more complex issues to consider.
There are a few questions you may have about your military divorce. Here are three commonly asked questions and the answers you need to consider.
1. Where should you get a divorce?
The first question you may ask is where to get a divorce. For most people, the first response is to say within the country at the very least. While you may have options outside the U.S., filing in the U.S. generally gives you the best protections.
Once you decide to file in the United States, you’ll have to decide which state to file in. Look at the states’ property division laws, child custody guidelines and other factors before deciding on where to file.
2. Will my ex-spouse get my military benefits?
It depends on how long you’ve been married. For most significant benefits, you’ll need to have been married at least 10 years with 10 years of service overlapping the marriage.
3. What happens if you can’t respond to divorce documents fast enough?
Most military members who are deployed can seek a stay to prevent the court from making any rulings while they’re away. Your attorney can help you seek that protection.
Military divorces have some unique factors that play a role in their execution. Your attorney can give you more information about what to expect when you go to court for your divorce or begin negotiating to settle your assets.