Determining the right court for a military divorce can be a complex issue. Couples may have multiple states to choose from, and exploring those options is one way for servicemembers and their spouses to protect their rights.
Who has jurisdiction over your divorce?
Military life often includes frequent relocations and deployments. This can create new obstacles when the couple decides to divorce, and many different courts may have jurisdiction over their divorce. Some factors to consider include:
- Where each spouse lives: In many cases, spouses have different legal residences due to military postings. This means that they may be able to file for divorce in different states.
- Where the serving spouse is stationed: Servicemembers can file for divorce in the state where they are stationed, even if that is different from the state where they live.
- How long you have lived in a state: Each state has its own residency requirements and waiting periods for filing a divorce. For example, you must have lived in Virginia for at least six months to file for divorce in that state. Frequent relocation may make these requirements a challenge.
These different legal guidelines mean that servicemembers and their spouses may be able to file in a variety of locations. People stationed in bases like Fort Belvoir, Fort Henry, Fort Allen, Dahlgren, Joint Base Myer-Henderson Hall, Marine Corps Base Quantico, the National Reconnaissance Office (NRO) and the Pentagon should carefully consider where they will file.
Military divorces involve both state and federal laws
Military divorces are further complicated by the interplay between state and federal laws. Federal laws, such as the Servicemembers Civil Relief Act, can influence proceedings. For example, federal law allows state courts to divide military pensions and benefits, but those same federal laws provide guidelines about what that division may look like.
Military divorce requires a nuanced understanding of both legal and military factors. By consulting with a knowledgeable attorney, military spouses can make informed decisions.
You can make a choice that supports your well-being
Choosing the right court for a military divorce involves careful consideration of multiple jurisdictional factors. With the right guidance and information, you can ensure that your divorce proceedings are handled efficiently and fairly and that you receive their fair share as your marriage ends.
