Military Divorce is Not as Complicated as Perceived
Key Points
  • Military divorce, just like a civilian divorce, does not have to be complicated. There are considerations both spouses need to be cognizant of but if both parties are in agreement, a military divorce proceeds the same way a civilian divorce does.

It usually is no more complicated than any other divorce, particularly if both spouses are in the United States.

The pain and suffering of a divorce in the military are no different than those in civilian life. Let’s say a women and her military spouse have separated, and she wants to divorce him. He says that it wouldn’t be fair to divorce him now, while he’s serving the nation, and wants to know why they can’t just stay separated. In short, he does not want the divorce; she does. In this sense, the divorce is no different than any divorce where one spouse wants out and the other does not.

The argument that it wouldn’t be fair to divorce him while he is in uniform doesn’t stand up. It is no more unfair to divorce someone in the military than it is unfair to divorce someone who is not. When one spouse wants to end a marriage and the other does not, in military or civilian life, fairness means very little.

Useful Online Tools
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Suggested Reading
Divorce & the Military II Divorce & the Military II
DIVORCE AND THE MILITARY II is the newly published comprehensive guide for military members (active duty, reserve/guard, and retired), spouses, and their attorneys, on the Uniformed Services Former SpousesŐ Protection Act (USFSPA). The USFSPA is the federal law that permits the award of military retired pay in a divorce.

Author: Marsha L. Thole and Frank W. Ault

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SERVICEMEMBERS CIVIL RELIEF ACT (SCRA) -- Military members enjoy legal protection from divorce proceedings under the Service Members Civil Relief Act. A court can delay legal proceedings for the time that the service member is on active duty and for up to 60 days following active duty.
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Featured Book Divorce & the Military II

Divorce & the Military II

Divorce & the Military II


Featured Download A Guide to Child Support Enforcement Against Military Personnel

A Guide to Child Support Enforcement Against Military Personnel

A Guide to Child Support Enforcement Against Military Personnel

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