Military Divorce

Military divorce is defined as a divorce where one of the parties (the "service member") is active duty military, reserve or guard, or retired military. This is not a "legal" term that is recognized within the context of the law, but it is a convenient lay term for a divorce where one of the parties is a service member (regardless of the member's status).

Being a service couple does not exempt the parties from the same requirements that civilian couples must meet when filing for divorce. However, there are some states that have relaxed the residency requirements for active duty service personnel who want to file for divorce in the state in which they are stationed.

Military couples will also go through the same procedural process when divorcing. But they must also be aware that there are other factors that the typical civilian couple will not have to address, and which may prolong the process because of the very nature of one of the party's military service, such as an active duty assignment in a remote area, or a permanent station overseas.

Divorce and the military require a special knowledge of laws not applicable to civilian divorces. For example, federal legislation entitles active members of the armed forces to delay a divorce and to court-appointed counsel in certain circumstances. See the Servicemembers Civil Relief Act.

Military pensions, like their civilian counterparts, are divisible in the event of divorce, but are subject to different rules than the more common Qualified Domestic Relations Orders for private retirement accounts or Domestic Relations Orders for state and municipal pensions. See the US Code, Title 10, Chapter 71 - Computation of Retired Pay.

Besides understanding the basic divorce process, it is imperative that military couples are knowledgeable in the factors that will affect their divorce as a result of military service. In fact, it may be even more important to know about the federal law that divides military retired pay, as your attorney will be the expert on your state's own laws about divorce.

Alimony and child support are also subject to special rules. Calculating income and collecting support can be more complicated because of regulations governing active or retired members of the military. Familiarity with the definition of "disposable retirement income," for example, is key to establishing support orders when dealing with retired military personnel.

Federal law may also affect where the parties end up in court, so planning and strategizing require a thorough grasp of the special rules governing military divorce.
Choose a divorce lawyer familiar with military law or a lawyer willing to work with a consultant.

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