Uniformed Military Divorce Laws

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    • Whenever a divorce involves one or more members of the military, specific laws may come into play. Active-duty or uniformed military personnel must comply with the laws of the state in which they live, though each state may have specific laws that apply only to service personnel.

    Residency

    • The primary difference between a civilian divorce and one involving active-duty military comes when a couple has to meet the state's residency requirements. Typically, states require any couple seeking divorce to have lived within the state for a specific length of time. However, because military personnel may be stationed in a state other than that in which they reside, military divorces may be filed in more than one place. Depending on the laws of the state in which the service member and the spouse live, and those where the military member and spouse are stationed, this may provide choices.

    Location

    • Typically, divorces must be filed in the county in which one or both of the spouses resides. Some states allow greater leeway for military couples seeking divorce. For example, the state of Kansas allows any military resident who has been posted on a military reservation or post in the state to file for divorce in any county adjacent to or bordering the military post.

    Servicemember Civil Relief Act

    • Whenever service personnel on active duty divorce, the Servicemembers Civil Relief Act (SCRA) comes into play. This federal law allows courts to delay any civil legal proceeding for as long as the service member served on active duty. Once a tour of duty is completed, the court can delay the action for another 60 days, allowing that service member to return home and prepare for the divorce or attempt a reconciliation.

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