Military divorce is when one or both parties to a dissolution of marriage serve in the military regardless of whether they are currently on active duty or a member of the National Guard. This process can often work exactly like a non-military divorce—whether contested or uncontested.
The primary difference is that obtaining a military divorce can involve both state and federal law since military members are subjected to both sets of laws. While a good portion of military divorces can be resolved amicably, things can quickly become complicated when a servicemember is physically located in a different state from their spouse or a spouse has relocated with the minor children to another state. Furthermore, it is important to consider how parenting plans, alimony, equitable distribution, child support and retirement accounts can be impacted by the ongoing service of a military member, the activation of a guard member or even the deployment of either.
A vast amount of information can be found online but it is always a great idea to seek the opinion of an experienced and compassionate family law attorney to determine what avenues are available to you in achieving your military divorce and, if you have children, what things to consider when it comes to children of military families.