Military Divorce vs Civilian Divorce: What’s The Difference?

If you are, or are married to, one of the approximately 1.1 million active duty American military personnel stationed around the globe, there are some unique factors at work when considering how a military divorce vs civilian divorce will happen.

Most notably when considering military divorce vs civilian divorce, having one or both spouses in the military affects:

• Where your divorce will be filed
• How support is calculated
• Custody and visitation decisions
• Pension rights and other benefits

Active duty military personnel have certain rights and obligations in each of these areas that are distinctly different from those of ordinary civilians.
 

Filing For Divorce

From the start, even simple questions like where to file for divorce are different when considering military divorce vs civilian divorce.

The court that grants a military divorce must have jurisdiction over you and your spouse. Which means — in most cases — a couple must file for divorce in a state where the military spouse is housed or a resident, or in a state that both spouses agree to.
 

Alimony And Child Support

Military service members (like everyone else) are legally required to support their children. The Department of Defense requires service members to comply with all support, custody, and visitation orders.

Failure to comply will any orders from the court may result in sanctions, up to and including dismissal from military service entirely. Unsurprisingly, compliance rates are significantly higher among military personnel than civilians.

While child support and alimony are mostly controlled by the state, there are a few unique issues for military spouses, including how support is calculated and how support orders are enforced when a service member is deployed overseas.
 

Child Custody And Visitation

While sharing custody and establishing visitation rights is always difficult after a divorce, for any family, it can be especially complex when considering military divorce vs civilian divorce.

For military personnel, custody and visitation can be further complicated by frequent moves and the possibilities of overseas deployment.
 

Pension Rights And Other Benefits

Though it operates under very different rules than the private sector, the military is still an employer. It provides a variety of employment benefits, including medical and pension benefits, life insurance, and various other opportunities.

All of these benefits of employment are subject to division in a divorce according to the law of the state in which a couple is getting divorced but, again, there are some special issues to consider when comparing military divorce vs civilian divorce.
 

Seek Legal Help

Unquestionably, the best thing to do for a military couple seeking divorce is to seek a reputable and experienced attorney. Navigating the often confusing waters of civilian divorce is usually beyond the capabilities of most individuals without legal representation, and in the case of military divorce it is strongly not advised.

A good family law attorney will help each spouse understand their rights and responsibilities during a divorce, and work to find an agreeable resolution that complies with all civilian and military laws applicable.