How is a military divorce different from a civilian divorce?

When one marries, the idea is that this union would last until death. Unfortunately, the rate of failed marriages still falls around 50%. Divorce is a reality faced by couples in Missouri and other states across the nation. And for those going through a military divorce, the couple is likely to endure addition obstacles when compared to a civilian dissolution.

While the divorce itself is no more complex than a civilian divorce, a military divorce does have special rules and requirements. Thus, it can present additional challenges and hurdles to overcome. How does a military divorce differentiate from a civilian divorce?

Both state and federal laws govern a military divorce, while a civilian divorce is only governed by the laws of the state the divorce was filed in. With regards to jurisdiction, this is generally where the person lives for a civilian divorce. In comparison, jurisdiction may be where a service member holds legal residence despite being station elsewhere.

Much like retirement benefits are divided between spouses in a civilian divorce, military pensions and benefits are subject to division in a military divorce; however, this is often a contentious divorce issue. With regards to medical, commissary and exchange privileges, this is determined by the length of the marriage as well as the number of years served by the service member.

Ending a marriage can be complex. It can be emotional and overwhelming, and when faced with disputes related to divorce issues, spouses can feel very defeated. For those going through a military divorce, it is important to understand that there is a way through this. By understanding your rights and options, you can protect your interests and reach a favorable and timely resolution.

Practice Areas

Military Law
Family Law
Social Security Disability
Worker’s Compensation
Personal Injury