How To File For Divorce In The Military?

Here is how an active duty service member in the military can file for a divorce:

First, understand the difference between a military divorce and a civilian divorce
Get in touch with the legal assistance office and hire an attorney
Start the divorce process

Difference Between A Military And A Civilian Divorce

The key differences lie in:

The disclosures to be made
The state where you may file for a divorce
Disablement payments may not be considered marital property

1. Disclosures To Be Made In A Military Divorce

In terms of The Servicemembers Civil Relief Act (SCRA), the active duty service member is required to state that his/her spouse is not an active duty member of the military. This disclosure is meant to stop a spouse on active duty from filing a divorce petition without consent from the other spouse, who being on active military duty may not be able to attend the divorce proceedings.

So, if the other spouse too is serving in the military, then the petitioning spouse may only be able to pursue the divorce only if the other spouse gives his/her consent.

2. The State Where You May File For A Military Divorce

Active service members are transferred often and it is likely that a petitioning spouse may not be in compliance with the state’s residency laws. So, an active member in the military can file for divorce in:

The state in which he/she last resided for at least 6 months
His/her home state in which he/she pays taxes
The U.S. state in which the service member’s spouse resides (so long the service member grants permission to his/her spouse to file the petition)
The state in which the service member is stationed, even though he/she may not be a resident of that state

3. Military Disablement Payments

Though military retirement benefits may be regarded as marital property, military disability payments can be treated as separate property. If an active service member changes his retirement benefits to disability benefits, then the property segregation can cause a complication in the divorce.

Note that a military divorce can become very complicated when both spouses are active serving members in the military.

Getting In Touch With The Legal Assistance Office And Hiring An Attorney

After understanding the key differences, the service member can contact the military’s legal assistance office, which provides him/her with a list of specialized divorce attorneys that are best suited to the case. The service member then has to interview a few lawyers and hire one.

Starting The Divorce Process

From this stage on, a military divorce process moves as a civilian divorce does. Typically, the service member meets with his/her divorce attorney to build a case that covers:

Once the case is ready, the service member petitions for a no-fault or an at-fault divorce (depending upon the circumstances of the case), and serves the papers. The ball gets rolling from then on and the divorce is either completed by negotiations, mediation, collaborative divorce, or after a trial.

Excellent

Brown Family Law

Based on 997 reviews

See all reviews

matt conte

Nick Schwarz, a fantastic attorney, incredibly knowledgeable and caring. Wonderful attitude with clients. Highly responsive, and acts quickly. Never leaves you hanging.

C Eaton

Daniel Young and Carren Leavitt were excellent to work with. It was a very difficult process for me on a personal level and they walked me through each step to a successful outcome I’m very happy with .

Response from the owner:Thank you so much. Glad we could help.

Bailey Marie

David Handy and his team were fantastic in helping me navigate custody time with my daughter. He gave the me reassurance and encouragement I needed with each step and I couldn't be more grateful to him! Thanks David!

Kelley Daly

I can’t recommend Nick Schwarz enough. He really cares about his clients, goes above and beyond to exceed expectations and he does extra research to offer insights no one else would think of. I’ve worked with him on several projects in the past and he’s always both very impressive and intrinsically creative. Would recommend him to anyone.

Timothy Tucker

Nick Schwarz and I were colleagues and he is extremely thoughtful and cared about clients. He is an excellent attorney and an even better person. He will make an excellent addition to any case.

Katie Foster

Dani is the best paralegal I know. Clear communication, professional, and intelligent.

Jen Makin

Paul Waldron offers a competent and mindful approach to navigating family law. Thank you Paul for being an asset in our community that we can all depend on.

Emily Pons

Truly so grateful for the care and expertise of Brown Family Law. (Specifically Carren and Daniel) I’ve been going through a really difficult time, and having legal support met with such kindness and understanding meant the world to me. They not only provided excellent guidance, but also made me feel seen and supported. I will always refer people here and am so grateful for the compassion I experienced.

L D

I cannot recommend Attorney Nicholas Schwarz highly enough! He is extremely professional, responsive, and truly dedicated to his clients. What sets Nick apart is not only his deep knowledge of the law, but also the genuine care and compassion he shows for his clients. He takes the time to explain everything clearly, answer questions promptly, and make you feel supported throughout the entire process. If you’re looking for someone who will fight for you while keeping your best interests at heart, Nick is your person!

James VanCamp

Nick Schwarz is an outstanding attorney who combines sharp legal skills with genuine care for his clients. He is professional, attentive, and deeply committed to helping families through challenging times. I highly recommend him.

More reviews