| Aspect |
Military Divorce |
Civilian Divorce |
| Jurisdiction |
The service member's legal residence or domicile can affect jurisdiction for filing the divorce. They may be able to file in the state where they are stationed or the state of their legal residence. |
Jurisdiction is typically based on residency requirements of the state. |
| Stay of Proceedings |
The Servicemembers Civil Relief Act (SCRA) allows for a stay (temporary suspension) of divorce proceedings if the military member's duties prevent their participation in the case. |
Generally, divorce proceedings proceed without considerations related to military service. |
| Division of Military Benefits |
Military benefits, such as pensions, retirement pay, and healthcare, have specific rules for division during divorce, often requiring a court order called a Qualified Domestic Relations Order (QDRO) for pensions. |
Similar rules apply to division of retirement accounts, but military benefits can add complexity due to military-specific regulations. |
| Child Custody and Support |
Deployment and frequent moves can affect custody and visitation arrangements. The military lifestyle might influence decisions related to parenting plans and support. |
Child custody and support arrangements are determined based on the best interests of the child, with fewer considerations related to military service. |
| Service of Process |
Serving divorce papers to a service member can involve additional considerations due to their potential relocation or deployment. The SCRA also provides protections for military members being served legal documents. |
Service of divorce papers follows standard procedures. |
| Residency Considerations |
Military members might have different legal residences (home of record, duty station), which can affect jurisdiction and state-specific laws. |
Residency requirements are typically more straightforward. |
| Benefits and Protections |
Military spouses may be eligible for certain benefits and protections under the Uniformed Services Former Spouses' Protection Act (USFSPA). |
While benefits and protections exist for civilian spouses as well, they might differ from those specific to military divorces. |
| Attorney Expertise |
Legal professionals experienced in military divorce are often recommended due to the unique considerations involved. |
Attorneys specializing in family law handle civilian divorces. |