The civilian and military worlds are very different in a lot of ways. For example, servicemembers can't be "fired" from their jobs (unless they're court-martialed). And, unlike the average suburban neighborhood, all the houses on a military base are practically identical.

When it comes to divorce, things are different in the military, too. There are issues in military divorces that don't come up in civilian divorces, and federal and state laws have to be followed. Servicemembers and their spouses with marital problems should know some of the basics of how military divorces work.

Governing Laws

Military divorces are governed by a combination of federal and state law. Military pension and certain emergency child support orders are controlled by federal law. All other matters connected to the divorce are controlled by state laws.

Protection from Divorce Proceedings

Military personnel have some legal protection from divorce proceedings that the general public doesn't enjoy. The Servicemembers Civil Relief Act (SCRA) protects military men and women from lawsuits, including divorce proceedings, so they can devote their entire energy to the defense needs of the Nation.

The SCRA gives the courts the power to delay a legal proceeding for the time that the service member is on active duty and for 60 days following active duty.

Process Service

A state court won't be able to hear a case unless it has authority. The authority of a court to hear a case is called jurisdiction. A servicemember on active duty must be personally served with a summons and petition for divorce in order for a state court to have jurisdiction over the military member.

If the active duty spouse is overseas or deployed, you may request the military authority serve your spouse, but your spouse must consent to service. If your spouse won't consent, you may request the court to appoint someone to serve the papers unless your spouse is serving on a ship or at a shore installation.

Next: Residency and Filing Requirements

Related Resources on Lawyers.com^sm

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Related Web Links

- Family Support Resources for Active Military Personnel from USA.gov