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What state do you file for divorce in while in the military?

If you or your spouse is in the military there are some very important things to know. Firstly, military divorce is not like other divorces; the military has separate rules and regulations that make it a complex divorce. It is important to understand the restrictions or possible benefits to divorce with military deployment as a factor. Military divorce is governed by federal and Texas state law -- if applicable.

The first thing to know is in which state to file your divorce. Traditional couples need file in the state of residency -- but this restriction doesn't apply to military divorce. Couples in a military divorce can file in the state of residency for the spouse, the state where the military member is stationed or in the state where the military member claims legal residency. This gives the divorcing couple far more options as to where to file and can cause deliberation as to which state to choose.

After that decision has been made, that state will govern the majority of the financial, legal and child custody issues that may crop up. That is why it is so important for the divorcing party to decide on a state that has rules and laws about divorce that suit their needs. Couples who are not involved in the military do not have this option. However, the extra choices can also become troublesome for couples who do not agree on a state in which to file.

Military divorce is a complex divorce that defies the normal laws and governing bodies that traditional divorce is confined by. It is important to understand each aspect of military divorce as it applies to each divorce. This way there will be no surprises during the divorce proceedings. Legal professionals will understand the state and federal statutes that apply to military divorces.

Source: findlaw.com, "Military Divorce," accessed Aug. 25, 2014

Source: findlaw.com, "Military Divorce," accessed Aug. 25, 2014

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Law Office of Michael D. Tracton, P.C.

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