Military divorces differ from standard divorce cases. If one spouse is active in the military, military divorce is mandatory. It differs from “civil” divorce mostly in what concerns domicile or residence requirements for filing a divorce, in how the divorce papers are served upon an active duty spouse, in making sure the process is compliant with military rules and regulations, and most important financial aspect in the military divorce scenario, the the division of the military pension, which is often the family’ largest asset.
A military divorce is mandatory if at least one spouse is active in the military. This type of divorce requires a few additions to filing forms, unique filing procedures and a strong understanding of respective issues.
Federal government has enacted legislation called “The Uniformed Services Former Spouses Protection Act (USFSPA)” that governs the calculation and division of military pension benefits.
Due to some complicated issues that may arise during military divorce, a consultation with a qualified attorney is recommended.
