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Where should you file for divorce as a military member?

On Behalf of | Oct 11, 2022 | Military Divorce

As a member of the military, you may move around a lot or not have a permanent home. When it comes time to file for divorce, this may make you wonder where you should file your paperwork.

Military OneSource explains the law allows you three options for where you can file your divorce complaint. You can either choose to do it in the county in which you are stationed, the place of your legal residency or where your spouse currently lives. Because you have options, you will want to make some considerations about which option is best for you.

The law

When deciding where to file, you must consider the law. The chances are that your options are in different states. Each state manages its own divorce laws, so they can vary greatly. You may find that one state offers much more favorable options or guidelines, which could make it the best place to file.

It is essential to compare the choices and to look at all the details. You want to consider how the state handles property division, what is the court’s typical ruling like for custody and what are the child support and alimony guidelines. All these factors will impact how your divorce turns out, making them very important to consider.

The location

You also want to ensure that it makes sense to file in that location if you will need to go back and forth for court hearings or mediation sessions. If you file in a state where you will need to fly to get to, it can be more trouble than it is worth. Look into whether the court will accommodate you due to your location.

Keep in mind that your spouse could also file. Whoever files first is where the case will take place, so if you have a preference, make sure you file before your partner.