If you are in the military and considering filing for divorce, you may be wondering where to start. This comprehensive guide will walk you through the entire process. The main steps are not that different from a standard divorce. However, the difference lies in the details, like the courts dedicated to military divorces.

We will cover everything from grounds for divorce to financial considerations. Therefore, whether you are just getting started or are already amid a divorce proceeding, this guide will help you understand your rights and responsibilities.

Why File for Divorce?

There can be many reasons for ending a military marriage. Maybe you and your spouse have developed communication problems that you cannot overcome. Or perhaps the stress of military life has brought out the worst in your spouse’s behavior.

In extreme cases, there is physical or emotional abuse within the marriage. If this is the case, seek help from a therapist and work together with your spouse toward reconciliation (if possible). If all else fails and your spouse’s negative behavior continues to escalate, it may be time to file for divorce. Your number one priority should be your own safety, so fight for it!

Marriage can be challenging under any circumstances, and if you find yourself unable to resolve conflict with your spouse, you may want to consider getting a divorce in the military.

Steps to Filing for Military Divorce

Military divorce proceedings can be quite complex due to special circumstances. However, the outline is fairly standard. Start by contacting a lawyer for legal assistance with the process. Together you can work on filling out and filing the needed documentation. Try to keep your superiors informed of your progress.

1. Contact Your Legal Assistance Office

If you are stationed in the United States, contact your Legal Assistance. They can direct you towards a specialized divorce lawyer who can provide expert guidance throughout the process.

2. Meet With an Attorney

Your lawyers will review the circumstances of your marriage and advise you on whether divorce is appropriate for your situation. They can also help guide you through the process of filing for divorce.

3. File Your Divorce Complaint at the Appropriate Court House

If you are in the United States, three different courts handle military divorces:

• The Court of Federal Claims: if you are stationed outside of the U.S. or its territories
• The Court of Appeals for the Armed Forces (CAAF): if you are in the U.S. or its territories
• The state court in the state you reside: if you have been discharged from active duty for at least 90 days

4. Serve Your Spouse With the Divorce Papers

Serve your spouse with a copy of your filed divorce complaint and summons to appear in court (if applicable). Serving is not required if your spouse agrees to sign a waiver. If your spouse lives in the same state as you, this can be done through the mail. Otherwise, a lawyer should assist you with having your spouse served.

5. Attend Your First Hearing

This is known as the “Rule to Show Cause” or RSC hearing for short. The judge will review your case and set a future date for your divorce trial, if appropriate.

6. Attend the Trial

Attend the final, uncontested hearing with your lawyer present (also referred to as the trial). Both you and your spouse must be present at this final hearing. Your spouse must sign any documents required of them, including the final decree of divorce. The judge will approve the divorce, and the court order is signed, making your divorce final.

7. Keep Your Superiors Informed

Inform your commanding officer after you have received your signed divorce papers from the judge so they can take the appropriate steps to discharge you from the military.

After the Divorce Is Finalized

Once you are divorced, you will receive a DD-214 form that reflects your status as “divorced” along with official copies of your divorce decree. After this, neither you nor your ex-spouse can take any further action regarding property rights or alimony unless specific steps are taken within the divorce decree to preserve these rights.

Final Thoughts

Going through a divorce can be difficult for all parties involved in the process. However, having a lawyer on your side will considerably simplify legal proceedings, allowing you to focus on your own wellbeing.