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The Military Divorce Process

The Military Divorce Process

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 child support, 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.


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