Getting Divorced as a Member of the U.S. Military

Getting Divorced as a Member of the U.S. Military

If you are a U.S. service member, or are the spouse of one and are seeking a divorce, you must read on and reach out to our firm to learn more about the process going forward. Here are some of the questions you may have:

How do I get a divorce if I am a member of the U.S. military?

To get a divorce as a U.S. service member, you will have to fulfill the residency requirement. However, since many who serve in the military are constantly on the move, residency requirements are adjusted accordingly and differ from civilian divorce. Military members and their spouses may file for divorce either:

  • In the state where the military member is currently stationed
  • In the state where the couple has legal residence
  • In the state where the military member claims legal residence

Can a member of the U.S. military be served divorce papers?

If you are a spouse of a military member and wish to file for divorce, you will have to approach the official acting as a law enforcement officer at your spouse’s military base. However, if your spouse is away on duty, he or she may not accept the serve. Though this cannot prevent the divorce indefinitely, it can certainly prolong the process until your spouse returns from duty.

What is a default judgment?

When a spouse files a Complaint for Divorce, the other spouse is required to respond and show up to the divorce proceedings. If the spouse fails to appear or respond to the Complaint, the court will impose what is known as a default judgment. Rather simply, this means that the court will issue a binding verdict in favor of one party; in this case, the party that shows up and files the Complaint. However, since military duty may prevent a spouse from showing up to court or responding to the Complaint, there may be no judgment on the divorce without the spouse’s physical presence, or the presence of an attorney representing the spouse.

Will my military pension be affected by a divorce?

Military pensions are generally treated as marital property, and are therefore not exempt from a divorce. The 10/10 rule states that those who were married for 10 years, while a spouse served for at least 10 years are eligible for a portion of the divided military pay.

Contact our experienced Rockland County firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.