How to File for Divorce From a Military Spouse

Military divorces are subject to state and federal laws.

Divorce proceedings can be messy and complicated, especially if one of the parties is active in the military. Service members are protected from certain civil law proceedings, including divorce, under the Servicemembers Civil Relief Act. Courts reserve the right to delay divorce proceedings if a spouse is on active duty or for 60 days after a spouse has been released from active duty.

Instructions

1. Determine the proper jurisdiction and venue. In all states, jurisdiction is proper in the circuit court or state court in the state in which you or your spouse permanently reside, regardless of current residence as a result of active duty. However, in some states, jurisdiction is also proper in that state if a military spouse is temporarily stationed there. Venue is proper in the judicial district that serves the city or county where you or your spouse reside.

2. Draft a petition for divorce and file it in the clerk's office of the court. Request that the court not delay the legal proceeding if your spouse is on active duty or has recently been released from active duty. However, know that the court reserves the right to temporarily stall proceedings until your spouse is released from active duty.

3. Serve your spouse with the divorce petition and summons in order for the state court to have jurisdiction to bind your spouse to the lawsuit. To effect personal service if your spouse is overseas or deployed, request that military serve your spouse. Serve your spouse personally or via posted service if he or she is local.

References

• Laywers.com: Military Divorce
• Divorce Net: Military Law and Divorce