Divorce is generally difficult, but when a service member is involved, it may be more taxing on their emotions and mental health owing to jurisdictional questions. When a military member is stationed far from home, where to file for divorce takes on more significance.
This article examines the frequent difficulty of jurisdiction in military divorces and discusses the factors to be taken into account and the alternatives available when deciding whether to file for divorce in the United States or overseas.
The Basics of Military Divorce Jurisdiction
When a court has jurisdiction over a matter, it has the requisite power under the law to hear and rule on that case. When a service person is stationed far from home, it might be difficult to get a divorce if he or she wants one.
Divorces in the military are more complicated than civilian ones because of the many relocations that come with military service.
Filing for Divorce at Home State
Divorce may be difficult for military families, but filing in one spouse’s home state is a possibility. place of legal residence, which may or may not be the same as the place the service member deemed home before enlisting, is sometimes referred to as the “home state.”
There are benefits to filing in one’s home state, including knowledge of local laws, courts, and legal counsel. It may be difficult and expensive for military members to attend court proceedings if they are stationed hundreds of miles away.
Filing for Divorce Where the Service Member Is Stationed
The spouse of a service member may also apply for divorce in the state or nation where their spouse is stationed. By using this route, the couple may save time and effort by making use of readily available resources without having to travel great distances.
However, the rules and procedures regarding divorce vary widely from one state to the next. This may affect several parts of the divorce, such as alimony, child support, and property distribution.
The Impact of International Assignments
This complexity may be compounded for military members who are stationed overseas. Divorces involving members of the armed forces stationed in various countries provide unique challenges due to cultural and legal norms that vary widely.
Experts in international family law should be consulted when deciding which country’s laws apply and where the divorce should be filed.
The Servicemembers Civil Relief Act (SCRA)
Divorce procedures are one kind of civil action that is shielded from military service members under the Servicemembers Civil Relief Act (SCRA). If a service member’s military obligations prohibit them from taking part in a court case, they may ask for a stay (temporary suspension) of the proceedings under the SCRA.
The purpose of this stay is to protect the service member from default judgments while they concentrate on their military duties.
Seeking Legal Assistance
It is strongly recommended that military couples consult with lawyers who specialize in military family law due to the complexity of military divorce jurisdiction.
An experienced divorce lawyer will be able to assist the couple through the process with little stress and difficulty by handling jurisdictional issues, making sure the SCRA is followed, and other similar concerns.
