Subscribe to our mailing list and receive tips, articles, and information to help you get your life back on track after the divorce. Military couples face some unique challenges in their marriage. While the couple is brought together by their shared desire to raise a family while serving their country, they may experience a variety of difficulties resulting from frequent moves, the separation caused by deployment, and other issues.
Sometimes, the marital problems aren't caused by the stresses of military service at all, but are simply the usual disagreements and disenchantments that happen in any marriage.
Special Considerations for Military Divorce
No matter the cause of the marital rift, a military couple seeking a divorce will follow basically the same procedure as a civilian couple. However, there are some special considerations when it comes to the legal and financial aspects of their divorce.
For example, the law allows a couple where one or both partners currently serve in the military to file a military divorce in a state that is not necessarily their "home state." Most civilian couples have to file for divorce in a state in which they meet the residency requirements, which can range anywhere between 3 months and 6 years.
A military couple, on the other hand, may file for divorce in the state in which the military member is stationed, the state in which the non-military spouse is currently residing, or the state where the military member can claim legal residency.
In military divorces, the divorce is carried out under the laws of the state in which the divorce is filed, but there are also federal laws regarding certain aspects of the divorce that are incorporated into the divorce decree.
Military personnel are also entitled to a pension and retirement pay, part of which goes to their former spouse after a military divorce. There are guidelines that dictate the fair and equitable distribution of pension monies to former spouses of military and federal employees.
The Uniformed Services Former Spouses' Protection Act (USFSPA) is a law that ensures the equitable distribution of pension and retirement pay to former spouses of military service members.
It would be in your best interest to consult with an experienced Virginia divorce attorney who understands women's issues in Virginia. It is important that the Virginia divorce lawyer you choose has handled cases similar to yours and that they understand military divorces and how military benefits are handled.
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