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Filing for a divorce when you or your spouse is in the military.
Is a divorce different for someone in the military?
The
answer to this is not black and white. Although there are
certainly federal and state laws which govern a divorce involving a
member of the U.S. armed forces, most of the time these are not at issue
in an uncontested divorce with our customers who are in the military.
Some
things can be different. For instance, issues ranging from
retirement accounts, to spousal support, to where you can file your
divorce can be different for those where at least one of the spouses is
currently serving in the armed forces of the United States. The
term "military divorce" is not a legal term, but rather a term which
describes a divorce when one party is in the military.
Does a person in the military have any specific rights?
If
you are filing for divorce, and your spouse is in the military, then
your spouse has certain rights under the Soldiers' and Sailors' Relief
Act of 1940 and all amendments thereto. In most divorce cases
involving our customers, this is not an issue, as both parties are
typically in agreement when they are divorcing, and the military spouse
will opt to waive any available rights, in favor of a simple divorce.
What options do I have on where to file for divorce when in the
military?
When
filing a divorce, a person in the military has the option to file in the
state where they currently reside, or they can also file their divorce
in their home state of record.
If you are in the military, you can file in the following locations:
Will I have any problems filing for divorce while me or my spouse is in
the military? For the most part, someone filing a divorce who is in the military, or has a spouse in the military, will follow the same laws that any civilian divorce would follow. Most of the time, there is no difference in the divorce.
The primary owner of
ReliableDivorce.com was an officer in the United States Air Force for 30
years, and we know how to handle a divorce for military personnel.
We
take pride in helping those who have served our country in the armed
forces.
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