{"id":353868,"date":"2016-12-07T17:28:42","date_gmt":"2016-12-07T22:28:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/military\/family-employment-housing\/military-divorce.html"},"modified":"2023-05-09T12:46:53","modified_gmt":"2023-05-09T17:46:53","slug":"military-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/military\/family-employment-housing\/military-divorce.html","title":{"rendered":"Military Divorce"},"content":{"rendered":"\n
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Military Divorce<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Active-duty service members are generally protected from divorce proceedings in most cases. Under the Servicemembers Civil Relief Act (SCRA), U.S. service men and women cannot be sued or begin divorce proceedings while on active duty or for 60 days following active duty (at the discretion of the court). This is so military service members may devote their time and energy to defending the Nation.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

While military divorces are no more complicated than civilian divorces, there are special rules and requirements that apply to U.S. service members and their spouses when they divorce. These differences may affect matters of compliance, service of process, residency or filing requirements, and division of military pensions. Below is an overview of military divorce laws affecting U.S. service men and women who are contemplating or getting a divorce.<\/p>\r\n

Military Divorce Laws<\/h2>\r\n

Military divorce is governed by both state and federal laws. For example, federal laws may affect where divorcing couples end up in court or how military pensions are divided, whereas state laws may affect how alimony and spousal support may be issued.<\/p>\r\n

Jurisdiction<\/h2>\r\n

Before a court can grant a divorce to military members or spouses, it must have "jurisdiction" or the authority to hear the case. For civilians, jurisdiction is generally the place where the person lives. However, for military personnel, jurisdiction may be the place where the person holds legal residence, even if the service member is stationed somewhere else.<\/p>\r\n

Service of Process<\/h2>\r\n

Many states will allow a military member or their spouse to file for divorce in the state the military member is stationed. It would not matter if neither spouse is a legal resident of the state. Generally speaking, military members and their spouses have three choices when it comes to which state to file for divorce:<\/p>\r\n