Military divorce is generally like civilian divorce. You still need to go to court to dissolve your marriage, have the court legally divide your properties and decide on your children’s custody. However, there are some key differences that you should be aware of if you or your spouse are in the military.
The Servicemembers Civil Relief Act (SCRA)
The SCRA protects servicemembers from default judgments in civil cases. Any civil suit, including divorce, against a servicemember may have suspensions for up to 90 days if their active duty prevents them from attending court. This also means that a court cannot issue a default judgment because of the servicemember’s inability to attend court hearings.
State residency
Because most military personnel move around and live in various places due to their service, determining where they hold legal residency can be confusing. In general, servicemembers hold legal residence in the state where they maintain a permanent home and intend to return to after deployment.
However, their spouses may also have different legal residency. Knowing where to file for divorce is essential, as some states are no-fault states and others are fault states. Where you file will also affect the division of your properties, as some states follow community property laws while others apply equitable property distribution.
Other military benefits
Military divorce also affects other benefits, such as retirement pay, Thrift Savings Plan (similar to a 401k), Survivors Benefits Plan and Tricare. Seeking legal advice to explore your options and address other complicated issues you may encounter during your divorce can be beneficial.