When facing a divorce, there are four important things that military members need to know. Having this information on hand will allow the servicemember to protect themselves and assert their rights during the divorce proceeding.  

Base Legal Cannot Represent Military Members in Divorce Matters

Many people incorrectly believe that military members can utilize the services of the Base Legal Office and Judge Advocate General team to represent them in divorce proceedings. This could not be further from the truth. The Legal Office represents the command in official business matters. The Legal Office cannot represent military members in civil and personal issues. If time permits, the attorneys on staff at the Base Legal Office can provide limited legal advice to military members and point them in the direction of a pro bono civilian attorney that can further assist. 

Filing Options

If the military member is the party that is filing the petition for divorce, they have a couple of options. They may file their petition in the state where they are currently assigned on military duty. They may also file in the state they claim as their "Home of Record." This is typically the state in which they were living at the time they enlisted or became a commissioned officer in the military. It is important to retain a competent attorney that can research the laws in each state and file in the state that will give the military member the most favorable outcome. If the spouse files first, the military member must answer the petition and proceed with the divorce in the state where the spouse filed.

Divorce During Deployment

If a military member is served with divorce papers while deployed, there are several options. The member can allow the proceeding to go ahead as scheduled if they do not wish to contest the divorce or the proposed property settlement. The member may request a 90-day extension to allow them more time to respond to the petition. The best advice is for the servicemember to inform the court that they are deployed overseas, and get the divorce put on hold until they return stateside. This will allow the servicemember to protect their rights in the divorce.

Division of Retirement

There is no hard-and-fast rule for the division of military retirement upon divorce. This is determined by military rules as well as the laws of the state in which the divorce was finalized. It is not a given that the spouse will automatically get half. The servicemember should consult an attorney (such as one from Hensley Law Team) and their local Military Pay office for accurate information.