Map Email
Helton Law Firm, PLLC

How to choose where to file for a military divorce

Civilians living in Tennessee would generally file for divorce in that state. However, for an individual in the military, it may not be as easy to determine where to file for divorce. This is because that person and his or her spouse may have gotten married in a state where they don't currently live. Furthermore, they may not have lived in their current home state long enough to file there.

Where a person files for divorce is important because different states and territories have different laws relating to property division. For instance, courts in Puerto Rico generally won't divide a pension between a service member and his or her husband or wife. As a general rule, a member of the military who is filing for divorce can choose to file in any state where he or she has actually lived.

It is important to note that only one spouse has to establish residency in that state for a divorce to be filed there. However, those in the military looking to file for divorce may want to consider the time and financial cost of travel to and from any state where they wish to file. It may be worth considering whether a divorce is considered a fault or no-fault divorce as an innocent party in a fault divorce may get a larger share of marital assets.

In many ways, a military divorce is similar to a civilian divorce. This means that property division and child custody matters are generally determined by state law or by the couple themselves assuming that the agreement is approved by a judge. An attorney may be able to help an individual get his or her share of marital property and make an effort to obtain maximum parental rights as allowed by state law.

No Comments

Leave a comment
Comment Information

Contact the Helton Law Firm, PLLC. for a FREE Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Evaluate My Case

622 Georgia Avenue Suite 102 Chattanooga, TN 37402 Toll Free: 866-577-4339 Phone: 423-825-9725 Fax: 423-265-3101 Chattanooga Law Office Map