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Special laws for military divorce

The actual concept of divorce is the same for military members as it is for civilians: a court will oversee divorce proceedings to ensure a split in assets and child custody/support that is fair to both parties and in the best interests of the child. However, the actual divorce process is significantly more complex for members of the military, and there are many different laws that govern the way in which a military divorce is handled.

Perhaps the most significant issue of a military divorce concerns the physical location of each member of the family. Since military members are often deployed in different areas or even reassigned, it can be difficult to pinpoint exactly which state you live in and thus where you should file. Fortunately, active-duty service members do not usually have to worry about divorce proceedings, as they are protected from such proceedings while on active duty and even in the 60 days immediately after the duty.

However, there is still the matter of jurisdiction, which must be attended to. In most cases, courts have jurisdiction over divorces that are filed in that state in which the person lives, but this is not always the case for military members, since they can live in many different states over a relatively short time. You could also hold legal residence in Texas and be stationed in Arkansas, for example, which could cause problems.

This is only one issue that military members will likely face in a divorce, which is why it is highly recommended that military families seek the aid of an attorney if they are considering divorce. Legal assistance can help you understand the complexities of divorce as it pertains to your specific circumstances and make your divorce process as smooth as possible.

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