Divorce can be more complicated when one or both spouses are serving in the armed forces. Although the cases are handled by state courts, there are rules and requirements that apply particularly to military service members. These range from where a divorce can be filed to how rights to property and benefits are divided.

The first issue that must be considered in divorcing a military spouse is jurisdiction, which means finding the state court that has legal authority to hear the case. Each state requires a plaintiff to reside within its borders for a minimum period of time prior to filing a divorce. This can be problematic because service members change posts frequently and many get stationed in foreign countries. In general, to file a divorce case in the Commonwealth of Virginia one spouse must be a resident for at least six months. However, interruptions in living within the commonwealth because of temporary deployments do not count as relinquishing Virginia residency.

A related issue is service of process, which means making sure the defendant has notice of the divorce proceedings. It can be difficult to serve divorce papers on armed forces members, who are often sent to international bases. In some cases, the person’s duty station is kept secret for national security reasons. In addition, federal law gives active military members much more time to respond to civil suits, including military divorce cases. Deployments thus can result in lengthy delays in the divorce.

Property division can also be affected when a spouse is in the military. Spousal property rights are generally governed by state law, but federal laws also apply. The Uniformed Services Former Spouses’ Protection Act (USFSPA) provides for how courts are to divide certain military pay and benefits, including pensions, between divorcing spouses. In some cases, the USFSPA may allow a former spouse to collect their share of the service member’s pension directly from the federal government.

The need for alimony is another common issue in divorcing a spouse in the military. Civilians often follow their uniformed spouses around to different postings. Moving frequently (and with little notice) can make it very hard to pursue higher education and maintain a career. Post-marriage, these spouses may have trouble supporting themselves due lack of education and/or work experience. This often means they must seek a substantial award of alimony, which can be a challenge to enforce.  

Military service can also significantly affect custody and care of minor children. Temporary duty stationing and deployments can make visitation arrangements complicated. In addition, as the civilian parent may have the children for significantly more time, there may be substantial child support payments due from the military service member.

Harding, Harding & Harding has one of the most extensive family law practices in southeast Virginia, with offices in Chesapeake, Norfolk and Virginia Beach. If you are in need of a lawyer for your divorce, contact us online or call 757-499-2600 for an initial consultation.