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
Based on 997 reviews
Nick Schwarz, a fantastic attorney, incredibly knowledgeable and caring. Wonderful attitude with clients. Highly responsive, and acts quickly. Never leaves you hanging.
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.
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!
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.
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.
Dani is the best paralegal I know. Clear communication, professional, and intelligent.
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.
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.
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!
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.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories