Special Considerations for Military Divorces

Military couples that are getting divorced face unique challenges. After the decision to get divorced is made, the first question that usually arises is where to file the divorce papers. As military families are well aware, frequent relocations are a part of life. If you have not lived in Utah for a long time, can you still file for divorce in this state? What should you do if your spouse is on active duty?

In order for a court to grant a divorce, it must have jurisdiction over both individuals. Jurisdiction is the court’s power to hear a case. Generally, you meet a state’s jurisdiction requirements if you are a legal resident of that state. The issue is not as simple for members of the military. Often, military members and their spouses are not legal residents of the state where they are stationed.

When it comes to military divorces, Utah law provides that the court has jurisdiction over the case if the petitioner has been stationed here under military orders for at least three months prior to filing for divorce. This law holds true even if you and your spouse are not legal residents of Utah.

In addition to meeting this jurisdictional requirement, the petitioner must also meet the service of process requirements. This means that the petitioner must serve the other party with the petition for divorce, the summons, and other relevant documents no later than 120 days after filing the petition. When service is completed, the petitioner must then file a proof of service with the court.

It is important to know that if the military spouse is on active duty when the petition for divorce is filed, he or she may be able to delay the proceedings under the Service Members Civil Relief Act. The SCRA protects military members from lawsuits and other legal proceedings while they are on active duty so that they can focus their attention on that duty.

As this post demonstrates, military divorces have special considerations. Going through a divorce is difficult enough, but being in the military can make it even more challenging. To get help with your divorce, contact an experienced family law attorney.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 929 reviews
Anne and Josh are Fantastic!!
I couldn’t have done it without Nathaniel Garrabrandt and the Brown Family Law truly the best experience and people to work with thank you!!
Brown Family Law is likely the most outstanding Family Law office in Utah. They care deeply about each client, responds quickly to every client question and concerns. If anyone is in a situation of divorce and/or child custody, I highly recommend this office to assist you with your rights. They stand firmly behind their clients.
Response from the owner:Thank you, Craig.
I can’t say enough good things about Clay Randle and Katrina Redd. They were both incredibly professional, responsive, and knowledgeable throughout my case. Their experience and advice were invaluable, and I truly appreciated their support every step of the way.
Daniel was patient, efficient, professional, and kind. Brown Family Law was easy to work with and very competent. Highly recommend.
Muchas gracias, professionales. Me ayudaron con mi caso, gracias.
Leilani Whitmer was my attorney for mediation day at the provo 4th district court on May 9th and absolutely knocked it out of the park. She made the process so smooth and easy I'd recommend her for any family law issue you could possibly fathom.
Clay Randle is absolutely amazing, well educated, knowledgeable lawyer. He’s approached, always makes sure you’re on the top of the situation and very helpful. I’ve had a pleasure working with him and I recommend him as your top notch attorney.
Brown Family Law has been wonderful to work with! Extremely knowledgeable and professional. Clay went the extra effort in everything he did for us. Couldn’t be more pleased!! I highly recommend their services.
Marco is beyond insightful!
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories