How to get a Military Divorce

Divorce happens to people from all walks of life. Society scions, poor folks, and middle class couples can all end up in the same place: family court. Even military couples get divorced. The following will delve into how military divorces lawyers work versus the manner in which civilian divorces are handled so anyone dealing with either type of divorce knows what each entails.

The Defense Department indicates that the rate of military divorce has increased steadily over the past decade, going from 2.6% in 2001 to 3.7% in 2011. It can be a complicated situation when a civilian spouse is divorcing a military spouse, particularly when the service person is on active duty. The reasons for a military divorce are not really that different than those for a civilian divorce and include the military spouse feeling threatened by the other spouse’s professional life and the time it takes that spouse from the home or the civilian spouse being unable to handle the separation when the military spouse is on active duty. If one spouse is on active duty, the divorce petition can be “stayed” for the entire tour and for up to 60 days after its end. This gives the service member a chance to focus solely on the safety and protection of the country, rather than on personal issues that can be more effectively addressed upon completion of a tour. Legally, military members getting a divorce are no different than civilians doing the same thing. State residency rules apply, even if one spouse is on active duty. As long as one spouse is a legal resident of the state in which the divorce petition is being filed, the divorce is treated identically to that of a civilian divorce. 

One of the major differences in military divorces versus non-military divorces is the Uniformed Services Former Spouses’ Protection Act. Prior to the inception of this act, there were no parameters regarding pension division and other financial issues in place for former spouses of military members. When the act was passed, a former military spouse could be awarded part of a retired military personnel’s pension. The court of the state in which the divorce proceedings were filed has jurisdiction over whether or not the pension is considered marital property. If the court so decrees, the ex-spouse can be granted a portion of the pension, which portion is also to be decided by a judge. Through the auspices of the USFSPA, a former military spouse may also be designated a beneficiary of the Survivor Benefits Plan provided by the Defense Department. 

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