How to File for Divorce From a Military Spouse

When contemplating divorce from a military spouse, you must bear several things in mind. Servicemembers are protected under the Servicemembers Civil Relief Act (SCRA) from certain judicial proceedings, including divorce. Depending on their location and circumstances, the court may decide to temporarily postpone divorce proceedings for up to sixty (60) days after active duty/deployment has ended. Consult with a reputable attorney who is well versed in military law/military divorce to find out specifics and exceptions to this federal law. Lay the groundwork in the meantime and get ready to proceed once you've been given clearance.

Difficulty: Challenging

Instructions

Things You'll Need:

• Pertinent documents, as specified by your attorney
• Money
• Emotional, financial and spiritual support, as needed

1. 
   Seek and Meet With Prospective Attorneys

   Hire a good lawyer. Search for an experienced, qualified, licensed attorney who has in-depth knowledge of military law and military divorce proceedings. Contact prospective attorneys by telephone to find out what documents you'll need. Inquire as to whether or not the firm has a divorce packet or checklist to help you assemble your paperwork. If so, complete it as truthfully and thoroughly as possible before your appointment. Bring a list of assets (income, real estate investments, personal property, stocks, mutual funds, savings bonds and savings accounts) and liabilities (monthly household expenses, mortgage, credit card debt and personal loans).

2. 
   File the Divorce Petition and Serve Your Military Spouse

   File the divorce petition with the court. Your attorney will decide where to file, depending on several elements, such as you or your spouse's state of legal residence or where your spouse is stationed. For the court to have legal authority (jurisdiction) over your military spouse in this matter, they must be served with a copy of the divorce paperwork. Serving a deployed spouse may be challenging, especially if they are overseas or in an isolated area. Your attorney and the judge, if necessary, will decide the best method of service in such instances.

3. 
   Await Military Spouse's Answer

   Wait for your military spouse to file a formal response (answer) with the court, addressing the statements made in the divorce petition. The SCRA protects military spouses from being in default for not filing an answer to the divorce petition under certain conditions. Depending on your deployed spouse's whereabouts and the logistical arrangements, a military divorce cannot automatically be granted if they fail to file an answer within the required time. Once the answer is filed, either side may file responsive pleadings (motions, requests, affidavits, etc.), depending on the complexities of the case.

4. 
   Go Through Discovery

   During the discovery phase, you and your military spouse will gather pertinent information about each other, such as financial affidavits, military records, Leave and Earnings Statements, income tax filings and other documentation. Methods used to extract this material can include depositions, interrogatories and requests for production, disclosure and admissions. Discovery is essential to any civil suit and should be completed before a case is allowed to go to trial, when required.

5. 
   Divorce Granted

   The court will render its ruling once all evidence has been reviewed. Once the divorce is granted and all issues related to child custody, child support, distribution of marital assets, military entitlements and spousal support have been settled, you are free to start a new life, unless your former military spouse files an appeal disputing the court's findings.

Tips & Warnings

• Utilize available family support resources through organizations on-base, such as the Family Support Center and Army Community Services, among many others. These facilities will help you find suitable employment, housing, childcare and financial assistance programs as you make the transition from being a military dependent to a self-sufficient citizen.
• The Uniformed Services Former Spouses Protection Act (USFSPA) is a federal law that sets guidelines for how military retirement pay must be disbursed to a spouse or former spouse of a retired servicemember.
• You may no longer be covered under your ex-spouse's health care/dental insurance, however, any children that the two of you have will be covered, as long as they are listed as military dependents under the Defense Enrollment Eligibility Reporting System (DEERS) program. Other benefits for minor dependents of divorced military members include continuation of commissary, PX and legal assistance privileges, to name a few. Visit military.com/benefits/spouse-and-family) for a detailed list of spouse and family benefits.
• Not all divorce proceedings are amicable. Sometimes spouses will attempt to hide or understate assets. Read this link for some telltale signs: www.nolo.com/resource.cfm/catID/101C121B-3FFB-42F9-B60C2CC50B6921C6/118/246/107/.
• Do not allow your military spouse or any of their associates to confiscate your dependent ID card as a means of retaliation for the impending divorce. This is your entitlement, while married, and in some instances, may be after the divorce. If a servicemember attempts to unlawfully take your ID card, they could be found in violation of Article 121 of the Uniform Code of Military Justice. Speak to your attorney immediately if this occurs.

Resources

• Lawyers.com: Military Divorce
• Military Divorce Online
• Military Divorce Guide
• DivorceNet: Military Law and Divorce
• MilSpouse.org
• Military.com: Benefits