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What makes a military divorce different?

On Behalf of | Dec 6, 2021 | Military Divorce

If you and your spouse decide to end your marriage, you must go through the process of dividing your assets and interests and starting separate lives. For civilians, the divorce process can have complications, but if you are in the military, there are additional considerations for you to take into account.

One of the main ways a military divorce differs from a civilian divorce is where you should file. There are also differences when it comes to dividing your assets and creating a child custody plan.

Filing for divorce

As a member of the military, you need to define your legal residence, and this will determine where you should file for divorce. According to the American Bar Association, when figuring out your legal residence for your upcoming divorce, your mailing address, driver’s license, vehicle registrations and voter registration can affect this determination.

Asset division & child custody

In addition to standard assets like a house, vehicles and investment accounts, your divorce could impact your military retirement, which is often a large asset in the marital estate. If you are likely to go on deployment or fulfill temporary duties that take you away, your absence could also impact whether you receive full custody of your children.

There are no special requirements or waiting periods required to get a divorce if you are in the military. But the specialized issues that come from being in the military can affect the outcome of certain divorce proceedings related to child custody and property division.