Skip to content 
Military couples face distinct legal hurdles when ending a marriage, and one of the most critical early decisions is where to file. Jurisdiction matters—different states have different rules for property division, spousal support, and child custody. If you’re trying to choose the right state for a military divorce, the choice can significantly impact the outcome of your case. Factors like residency, military assignment, and legal protections under federal law all come into play. Taking time to understand your options—and how each state handles military divorce—can help you make informed choices that safeguard your rights, your finances, and your future.
Why State Choice Matters in Military Divorce
Each state follows different divorce laws. What one state considers a fair division of assets might not be the same in another. Some states split everything equally. Others weigh factors like income, contributions, and future needs.
Military families often move across the country or even overseas. That creates more than one possible state where a couple might file. The state you choose influences how the court treats military pensions, spousal support, custody rights, and even waiting periods.
Where Can You File for Military Divorce?
To file for divorce, you need to meet a state’s residency rules. Military service can complicate this since you may live in a state temporarily without becoming a legal resident.
Here are your main options:
1. State of Legal Residency
This is usually where you pay state income taxes or register to vote. Even if you’re stationed somewhere else, you might still keep residency in your home state.
For example, a Texas-born service member may live in California but still claim Texas as their legal home. That person can file for divorce in Texas as long as they meet that state’s requirements.
2. State Where You’re Stationed
Some states let active-duty service members file for divorce where they’re stationed, even if they don’t claim it as their home state. This helps families who moved due to military orders but haven’t changed legal residency.
3. State Where Your Spouse Lives
The non-military spouse may also file for divorce in their own state of residence. If they moved back home while the service member deployed, they might choose their current location to file instead.
Questions to Ask Before Choosing a State
What Are the Residency Requirements?
Each state has its own rules about how long someone must live there before filing. Some states require six months. Others require as little as 30 days. Check those rules before deciding.
Does the State Divide Property Equally?
Nine states use community property rules. That means the court splits all marital property 50/50. The rest use equitable distribution, where judges divide things based on fairness.
If you want a particular outcome for your finances, research how that state handles military pensions and marital assets.
How Does the State Handle Child Custody?
Some states require a parenting plan before the court will finalize a divorce. Others follow a “best interest of the child” standard. Custody laws may favor joint legal custody, or they might give one parent primary rights.
Make sure to check how your chosen state views frequent relocation due to military duty. Some states make it harder to move children across state lines without court permission.
Will the State Enforce Spousal Support?
Spousal support rules differ widely. Some states only award support in long-term marriages. Others weigh income, age, and earning potential. If your divorce may involve alimony, research what the state allows and for how long.
How the Servicemembers Civil Relief Act Affects Timing
The Servicemembers Civil Relief Act (SCRA) protects active-duty military members from court proceedings while deployed or unavailable. This means you can delay divorce proceedings until you return if needed.
If your spouse tries to serve you court papers during a deployment, you can request a delay. Courts often approve these delays to give you time to respond fully.
Dividing Military Pensions Across States
The Uniformed Services Former Spouses’ Protection Act (USFSPA) lets state courts divide military retirement pay. But not all states follow the same rules. Some require a minimum length of marriage overlapping with service (often 10 years) before dividing pensions.
The state you file in decides how much of the pension a spouse can receive. Some states treat pensions like other marital property. Others carve out specific formulas or percentages.
Overseas Assignment? You Can Still File
Living abroad doesn’t mean you lose the right to divorce. Many military couples stationed overseas choose to file in their state of legal residency or their last duty station within the U.S.
You can file through a lawyer back home. The court may allow online appearances or written testimony instead of requiring you to return in person.
Pros and Cons of Different States
Here’s a comparison of factors that can vary by state:
| Factor | State A (Example: Texas) | State B (Example: California) |
|---|---|---|
| Residency Requirement | 6 months | 6 months |
| Property Division | Community Property | Community Property |
| Spousal Support | Rarely awarded unless long-term marriage | More common in high cost-of-living areas |
| Custody Preference | Joint legal and physical custody | Joint legal custody with detailed plans |
| Military Pension Rules | Divided if earned during marriage | Divided with or without overlap test |
This table shows why filing location matters. The choice of state can shape your outcome in multiple ways.
Key Steps Before You File
Review Your Military Benefits
Look at your retirement status, medical benefits, and housing allowances. These affect what’s on the table during the divorce.
Speak With a Military Divorce Lawyer
Military divorce laws mix state rules with federal protections. Work with someone who understands both. Don’t rely on general legal advice if your situation involves deployment, retirement pay, or base housing.
Collect Financial Records
Start gathering pay stubs, tax forms, LES reports, and retirement summaries. These documents help determine what counts as shared property.
Decide Who Will File First
In some situations, it helps to be the one who files first. You can control the location of the case and frame your arguments early. Filing first often helps you choose the state that benefits your goals.
Consider the Long-Term Impact
Think ahead. Choosing the wrong state could limit your custody rights, reduce pension access, or create longer wait times for finalization. Divorce may feel urgent, but it pays to make a smart decision early.
Final Thoughts
To choose the right state for a military divorce, careful planning is essential. You must consider your legal residency, review each state’s divorce laws, and understand how they affect critical issues like child custody, military retirement pay, and spousal support. Filing in the wrong jurisdiction can lead to unnecessary delays, added expenses, or an unfavorable settlement. With the demands of military life already weighing heavily, the last thing you need is legal confusion adding to the stress. Take the time to evaluate your options, consult with knowledgeable professionals, and make an informed decision that protects your rights and secures your future.
Talk to a Military Divorce Attorney Today
If you’re preparing for divorce and one or both of you serve in the military, we can help you understand your rights and options. Our legal team works with service members and spouses across different states. Schedule a consultation today and get the support you need for your next steps.
Ebook
![Adobe Stock 62844981[2]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2FAdobeStock_628449812.jpeg&n=a3PK2HcKcL5sbjTfQ34Iw)
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “16 Steps to Help You Plan & Prepare for Your Texas Divorce”
![Divorce Wasting Assets[4]](/?seraph_accel_gi=wp-content%2Fuploads%2F2023%2F09%2FDivorce-wasting-assets4.jpeg&n=0TAaIlPpzb4QWRK62HCR4g)
If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: “13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them” Today!”
Other Articles you may be interested in:
- Texas Out-Of-State, International Divorce & Military Divorce
- Important Facts About Divorce Lawyers In Texas
- Is Divorce Laws In Texas Right for Your Situation?
- Can my ex get half of my VA disability? (and other military divorce questions)
- Which military branch has the highest divorce rate?
- Do military couples marry faster than other couples?
- Are military spouses unfaithful?
- Do military spouses get alimony?
- Does the military pay for the divorce?
- Navigating the Post 9/11 GI Bill and Educational Benefits Post Military Divorce
- What is the “10/10” rule in the military?
- Does my ex get half my military retirement?
- Does the military provide divorce lawyers?
- How is Texas Divorce Different for Service Members in the Military?
- Is it beneficial for your child to speak to the judge about where he or she wants to live primarily?
FAQs on Divorce
Yes, plea bargaining is important to the criminal justice system. It allows for the efficient resolution of cases, reduces the burden on the court system, and provides a way to manage caseloads. Plea bargaining can also help in securing convictions and holding defendants accountable for their actions.
The fastest state to get a divorce can vary depending on several factors. However, states like Nevada and Alaska are known for their relatively shorter waiting periods and streamlined processes, which may expedite the divorce proceedings.
In Texas, during a divorce, the court follows the principle of “community property.” This means that both spouses generally have an equal interest in the assets and debts acquired during the marriage. In the division of property, the wife may be entitled to a just and right portion of the community property, which includes real estate, financial assets, and other marital assets. The court also considers factors such as the financial needs of each spouse and any separate property owned by each party.
Divorce laws can vary from state to state, and what is considered strict may differ based on individual perspectives. However, states like New York and Pennsylvania are often regarded as having relatively stringent divorce laws due to their requirements for fault-based grounds for divorce and longer waiting periods.
The length of the divorce process can vary depending on various factors, including the complexity of the case, court procedures, and the parties’ cooperation. States like California and New York are often associated with potentially longer divorce processes due to their extensive documentation requirements, mandatory waiting periods, and potential court backlogs.
