3 FAQs about a military divorce

3 FAQs about a military divorce

On Behalf of | Jan 4, 2023 | Divorce, Military Divorce |

The dissolution of marriage never comes easy, especially for military families.

The challenges associated with military life make it one of the careers with the highest divorce rate. As you navigate the process, you likely have many questions.

1. What state should I file in?

Where you file makes a difference. For a military family, this can get tricky. Complications easily arise from getting married in one state but living in a different, having property in another state or recently transferring to a new state. In general, the person filing should do so in the state in which you have a valid driver’s license, registered vehicles and mailing address.

2. Will my former spouse still get benefits?

While no federal law exists that gives an ex-spouse the rights to some military pay, Uniformed Services Former Spouses’ Protection Act does allow courts for military pay to get divided between spouses. The amount and way it happens come with no guarantees either way. In some cases, your former spouse may get eligibility for some health care or access to military commissaries.

3. How does SCRA help?

Serving in the military means not always having the needed availability for divorce proceedings. The Servicemembers Civil Relief Act serves as a way to protect you while on active duty and going through a divorce. If you cannot attend court hearings, it allows for delaying the proceedings. At the minimum, you get a 90-day stay, but some courts may allow for additional time.

While a military divorce has unique factors that create added complexities, seeking guidance may help ensure a smooth process.