While the steps of a
military divorce are very similar to civilian divorces, there are a number of laws that
can make military divorces far more complex. Often, military couples face
other difficulties, such as geographical issues, active duty, and other
challenges. Learn what you should know about the military divorce process.
Military Divorce Laws
Because lengthy legal proceedings can tie up a service member while they
are on active duty, there are laws that protect service members from divorce
proceedings while they are serving. The Servicemembers Civil Relief Act
(SCRA) prevents active duty members of the armed forces from being sued
or beginning divorce proceedings while they are on active duty and for
60 days following the end of their service.
There are also other laws, such as the Uniformed Services Former Spouse
Protection Act (USFSPA), which provide for former spouses of military
members. While married, these spouses had access to healthcare, pensions,
and other benefits. The USFSPA outlines regulations for the continuation
of benefits, the
division of a military pension, and other details that concern military couples.
Residency and Filing Requirements
Often, military members are stationed away from their residence, and they
may live separately from their spouse. Because of the number of potential
jurisdiction and residences, it can be a challenge to determine where
the divorce should be filed.
Typically, military couples have three options:
- The state where the filing spouse resides
- The state where the military member is stationed
- The State the military member claims legal residency
The Divorce Process
Once the couple has navigated the laws restricting their divorce and have
filed for a divorce, the divorce process will be much more familiar. The
couple will need to negotiate the division of their assets, spousal and
custody agreements, and more.
Because of the laws surrounding military benefits, you may or may not be
able to maintain your military benefits. Discuss your case with an experienced
military divorce attorney, since they can help you receive what you deserve.
Because of the difficulties of military life, you may be able to bargain
for more support or a larger share of assets to compensate you for lost
benefits and increased custody time.
Speak With Our Colorado Springs Divorce Attorneys - (719) 602-5888
With more than 120 years of collective experience, our team at
Clawson & Clawson, LLP is well-equipped to guide you through the hurdles of your military divorce.
Our compassionate and knowledgeable
military divorce attorneys are prepared to help you through your case and ensure that your
best interests are met.
Schedule a free case evaluation with our team to discuss your case. Call (719) 602-5888 or
contact us online.