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Do different laws apply to divorces for members of the military?

The idea of a “military” divorce is a bit misleading. The military (that is, the U.S. Army, Navy, Marines, Air Force, and Coast Guard) does not grant a divorce to anyone. It’s the courts of the 50 U.S. states that grant divorces — to couples with one or both spouses in the military.

State and Federal Laws Apply

Even so, divorces among couples with a member of the military are governed by both state and federal laws, and such divorces have a few important differences compared to “regular,” non-military divorces, including these points:

  • A “military” divorce must comply with rules and regulations of the military and the relevant laws.
  • The service of process (notice of a divorce filing) is different when the receiving spouse is on active duty in the military.
  • The requirements for establishing residency or place of domicile when filing a military divorce are different.
  • The way that a military pension (called “retired pay”) is divided is different than pensions in non-military divorces.

The federal laws that apply to military divorces are:

  • The Servicemembers Civil Relief Act (SCRA)
  • The Uniformed Services Former Spouses’ Protection Act (USFSPA) of 1982
  • The Hague Convention on Service Abroad of Judicial and Extrajudicial Documents

Whether One or Both Spouses in the Military

In the past, the vast majority of the civilian spouses were wives, with a husband in the military. Today, many women are in the military and in some couples, both are members of the military. Whatever the circumstances, a divorcing couple with one or more servicemembers needs an attorney who is completely familiar with the complexities of divorce law pertaining to the military.

Contact a Lawyer Who Handles Military Divorces

Find a divorce lawyer in your area who represents military spouses. An experienced divorce lawyer will protect your legal rights and interests, and explain your options to you in depth.

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