There are always questions that come to mind when you are in the process of divorcing someone who is in the military.  We will aim to answer as many questions as possible so that you have a clear picture of what your divorce outcome can look like.

First, it is important to note that there are differences that occur when divorcing someone who is in the military than when you are divorcing a normal civilian.  These differences cannot be avoided, and there is no way around them.  Things to remember are as follows.

When you file for divorce against a member of the military, you must without exception serve the summons and the petition for divorce on the spouse personally.  You cannot have someone else serve your spouse for you if you want a traditional court to maintain jurisdiction of the divorce. 

If your spouse is deployed, or overseas then you could be looking at a very long and drawn out process because of the Soldiers and Sailors Act.  You can request that the military serve your spouse; however, this can only be done with your spouse’s permission and is not likely to happen. 

If your spouse is overseas and abroad, you can attempt to have the papers served pursuant to what is called the Hauge Convention.  This means that the papers are served by mailing everything pertaining to the case to a “central authority” who then handles serving your spouse directly. 

Your spouse if order to pay child support can be forced to pay by the military.  They are not allowed to skip out on their obligations to support their family in any way.  Your spouses’ commanding officer can often provide you with some assistance in enforcing a support order. 

Your spouse also has the right to delay a divorce in a manner that civilians are not allowed. 

The Servicemembers Civil Relief Act or SCRA allows men and women who are on active duty to post pone any civil process such as a divorce until as much as 60 days after active duty ends.  This could mean you are waiting a very long time for a divorce.

In order to determine residency requirements for a divorce it is as follows and usually has a choice of three states where you are allowed to file.  The first is the states where the military member is stationed for active duty, the next is the state where the spouse lives if different from where the military member is stationed, and the last is there the military members claims their legal residency.  The legal residency is typically the place where the military member plans on living after being discharged, and often lived at prior to joining the military. 

Spouses involved in a military divorce are entitled to full medial, commissary and exchange privileges under the USFSPA as long as the following conditions are meet.  First, the spouses must have been married for at least 20 years; secondly, the military member must have performed at least 20 years of service, which is credited, for retirement pay.  Finally, there must have been an overlap of 20 years for the marriage and the military service.  If all three conditions are not meet, then the spouse is not entitled to the benefits under the USFSPA.

For child support purposes, there cannot be an order for more than 60% of the total pay and allowances.  If more is ordered, it will be modified to reflect the correct amount. 

As you can see, there are several very important differences that involve the military.  Before filing for a divorce, you must consult with a lawyer that has experience in a military divorce and ensure that they know what they are talking about and have verifiable references before you retain them.  Because of the complexities of a military divorce, do not expect a quick resolution and understand that it could be years before the divorce is fully resolved.  There is also likely to be little your lawyer can do to speed the process along as well.  Nevertheless, with a good lawyer leading you and being aware of the differences will really make a big difference in how you can prepare your case.