What should I know about military divorce?

On behalf of Furr & Cohen, P.A. posted in Divorce on Thursday, March 19, 2015.

When people watch television, they often see proud spouses of those who are serving our country. In some cases, these spouses cope well with the unique demands of being a military family. However, those demands sometimes prove to be too much for some military spouses. Those spouses or the military member might end up deciding that divorce is the best course of action. Our Florida readers who are in the military and those who are military spouses might be interested in learning more about military divorces.

Where should I file for divorce?

Where you file for divorce can have a pretty big impact on the outcome of the divorce. Because the court that you file with has to have jurisdiction over the case, members of the military or military spouses should file for divorce in the location where they hold legal residence. That, however, isn’t necessarily where the couple is currently living or is stationed. It is important for anyone who needs a military divorce should learn about residency requirements for military members who need a divorce.

What is the Servicemembers Civil Relief Act?

The SCRA was enacted to enable people in the military to focus on their duties while serving on active duty. It prevents military personnel who are on active duty from being sued. This includes beginning divorce proceedings. That protection, however, is at the discretion of the court.

Some aspects of a military divorce, such as how a pension is handled, are based on federal laws instead of state laws. Other aspects like alimony are handled in accordance with state laws. Because military divorces are governed by federal laws and state laws, it is vital that anyone who needs a military divorce fully understands how these laws affect his or her divorce.

Source: FindLaw, “Military Divorce” accessed Mar. 19, 2015