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What are the most important points in a military divorce?

 Posted on September 08, 2017 in Divorce

Getting a divorce when you or your spouse serves in the armed forces can be complex. However, you can simplify the process by learning the laws surrounding a military divorce. This equips you to enter into the divorce prepared to face and overcome any obstacles that might otherwise block your path.

One of the best pieces of advice for service members and their spouses who are considering divorce is to acquire good legal representation. Doing so will remove many of the hardships typically associated with getting a divorce in the armed forces. With that said, the section below contains several additional key points of a military divorce in the state of Texas.

Jurisdiction: A common misconception shared by service members is the belief that they can divorce anywhere in the nation. Instead, a divorce must often take place in the state where the service member has legal residency. There are exceptions to this rule as described below.

Service of Process: On the other side of the coin, there are times when a divorce can happen wherever the service members are stationed. Three options exist for this kind of divorce: The military member’s legal residency state; the state where a military spouse currently resides; and the state where the service member is stationed.

Support Issues: For both child and spousal support, the military imposes its own laws. This is done to ensure a service member’s family continues to receive any needed support after the divorce is final.

One other complex area of a military divorce concerns pensions and benefits. For these issues, it is wise to consult with a divorce lawyer to make sure you understand your options and your rights as a service member or a military spouse.

Source: FindLaw, “Military Divorce,” accessed Sep. 08, 2017

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