Military Divorce

A divorce is an important personal and legal event whether it involves civilians or a military couple. However, a US military divorce has certain unique challenges. Many of these challenges come into play because of the specific benefits that military personnel have and because of the laws governing military divorces.

Common Reasons for Military Divorces

Like civilian couples, military couples divorce for personal and diverse reasons. However, military couples face challenges that many civilian couples do not face. For example:

• Military Couples are Separated While a Spouse is on Active Duty
• Servicemembers Face Unique Physical and Emotional Challenges that can be challenging, if not impossible for spouses to work through as a married couple.
• Servicemembers have a Legal Obligation to Report for Duty that may conflict with their obligations to their families. Due to the nature of the commitment they made when entering the service, their commitment to the country must trump their commitment to their spouses in many cases.

These unique challenges can lead many military couples to divorce.

Different Laws Apply to Military Divorces

While US military divorce law covers divorce in all US jurisdictions, the law is purposely written so that different states (jurisdictions) have the authority to implement portions of the laws according to their own interpretation. Many military divorces could happen in several different jurisdictions because of the nature of military work. Therefore, the choice of jurisdiction is important to military divorces and is often irrelevant to civilian divorces.

While military and civilian couples may have common goals in a divorce, the laws governing their divorces are different. For example, the Servicemembers Civil Relief Act allows a servicemember to delay the divorce while s/he is on active duty and for 60 days after the completion of active duty. Civilians do not have that option.

Similarly, different laws apply to military divorce benefits than to civilian divorce benefits. The Uniformed Services Former Spouses' Protection Act (USFSPA) explains how property will be divided in a military divorce and gives the states the right to decide how retirement pay will be divided.

Why You Need a Military Divorce Attorney

US military divorce attorneys are essential if you are part of a military couple seeking to end your marriage. Military divorce benefits are significantly different than civilian divorce benefits and a military divorce attorney can help you protect your rights during, and after, your divorce.