How to File for a Military Divorce
Divorce filings can be complicated and messy, especially if one of the parties is in active duty in the military. When filing for a military divorce, it is important that this is done in the proper court. This is determined by the state rules of procedure.
- Obtain the filing documents from the court. The documents you will need to file include a Petition for Dissolution of Marriage, Civil Cover Sheet, a summons, Affidavit of Military Service, Child Support Guidelines Worksheet and Family Law Financial Affidavit. Instructions for filing these documents will be provided.
- Make sure you file in a court that has jurisdiction over the parties involved. Review your state's Rules of Civil Procedure to determine whether the court has jurisdiction. You will also know how long you are required to live in the state before you can file for divorce. You may be required to file in the state where you last lived as married coupled. You can go online to find your state's statutes and Rules of Civil Procedure, or check with the local law library to get a copy of the rules.
- Include the military requirements to your filing for Dissolution of Marriage. Go to the military's financial site to find out the military divorce requirements. Often times, it is sufficient to request equitable distribution of assets. But if you are the military personnel and you believe your spouse should not get any share in your military benefits, include this information within the petition you are filing. The court will examine the rules to see whether or not your spouse is entitled to any of the benefits.