Things You'll Need:
- Pertinent documents, as specified by your attorney
- Money
- Emotional, financial and spiritual support, as needed
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Step 1
Seek and Meet With Prospective AttorneysHire 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).
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Step 2
File the Divorce Petition and Serve Your Military SpouseFile 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.
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Step 3
Await Military Spouse's AnswerWait 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.
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Step 4
Go Through DiscoveryDuring 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.
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Step 5
Divorce GrantedThe 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.










