Military divorces are often more complex than civilian divorces. Members of the military and their families are accustomed to moving around a lot, which can make it difficult to determine the actual state of their residence. Military.com recommends looking into a few key factors to make the best decision for you.
Each state has different laws governing the divorce process. State laws play a huge role in how assets and pensions are divided, and they can even make an impact on things like child custody. Some states only allow for no-fault divorce, while others permit spouses to cite wrongdoing within the divorce proceeding. Some states also require a waiting period before a divorce can take place. That means that spouses might need to be separated for a year or longer before they can move on to the final divorce filing. Legal separation is often complicated when a spouse is on deployment since there will be questions about whether that counts towards the mandatory waiting period.
If you’ve had multiple residences over the course of your marriage, there are a few things you can look when determining where to file. If you own property in a state, chances are you’ll be able to claim residency there on divorce paperwork. Also, consider where your current driver’s license was issued or where your vehicle is registered. If a few different states meet these criteria, look at state laws for each to determine how divorce proceedings will be handled.
In this case, you may consider traveling to another state to file for a divorce. While you might be privy to more amenable divorce laws in another state, the costs for traveling can add up quickly. If you find that the benefits offered by that state exceed the financial expense and inconvenience of filing there, it might be your best option. A divorce attorney can review your case and offer insight into what you should do.