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Where Should I Get Divorced While In The Military?

12 June 2015 by Louise Boyd

One of the complications of a military divorce is that spouses often do not live in the same state, which means that they can have several options for where they choose to file for divorce. States have varying laws regarding divorce, so you will want to choose a state with laws that are favorable to you. However, depending on the actions taken by your ex, you might be limited in where you can file for divorce. Contact a military divorce attorney, such as Karen Robins Carnegie PLC, then do the following:

You Don't Necessarily Need to Reside in the State of Your Divorce

It is not necessary to get divorced within the state that you reside in under many state laws. Often, you simply need to have recently resided in the location where you file for divorce or both divorce partners must agree to the location where you will file for divorce. As long as your partner does not object to you getting divorced in a particular location, you can get divorced wherever you want. If your ex does not agree with the location where you will file for divorce, you will either need to have been a resident of the state or you will need to have been domiciled.

What is Your Domicile?

The domicile is the residence you lived in when you joined the military. You can maintain the domicile even without living at the residence. You simply need to intend to return to your home of residence and live there permanently. This is to provide a residence for those who cannot currently reside at their normal residence because they are deployed. If there are questions as to whether a residence is your domicile, you can verify your domicile by showing that the residence is where you register your car, where you own a home, where your immediate family lives, were you are registered to vote or where your residence is declared on one of your insurance policies.

Choosing a State

If you are having a difficult time deciding on which state to choose, consider a state that has most of your banks and your property. It will be much more convenient to file divorce in such a state. All states have no-fault divorce. However, there are some states that also have fault divorce that allows for one spouse to issue a reason for the divorce. This can lead to the spouse that was not at fault receiving a larger share of marital assets. Also, whether the divorce was a fault divorce can affect how long the separation period must be before proceeding with the finalized divorce. Therefore, if you have a fault divorce, you may benefit from filing for divorce in a location that has fault divorces.

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