The Unique Elements of a Military Divorce

For the most part, military divorces proceed in the exact same way as civilian divorces. However, there are some unique elements of military divorces that could add extra wrinkles to your process that you will need to understand as you move forward.

In a regular divorce, you must file the divorce petition in the state where the couple lives. There are extra complications in divorces involving service members, however, because the couple might not currently live in the same state, or even the same country. Therefore, there is a choice of states available for the petition to be filed, including the state where the non-military spouse lives or the state where the service member currently is stationed.

It’s important to note that the laws of the state where you choose to file the divorce will have an impact on the kinds of child custody, child support, visitation and alimony arrangements that you can expect, as well as the way that military benefits get divided, so you should consult with an attorney before you decide where to file for the divorce.

If the service member is currently overseas on deployment, they have the ability to postpone the case until they return to the country, as they are only expected to be able to concentrate on their military duties. The service member will also have an additional 90 days to respond to the divorce petition. Should the service member choose, he or she can have a lawyer proceed with the divorce on their behalf.

Seek the divorce law consultation of Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in Long Island for more information on the unique aspects of divorce among one or more partners in the armed forces.