How Do You Address Residency in a Military Divorce?

military divorce papers

Most divorces are complicated in their own way, but a military divorce can be complex right from the beginning. One of the big issues facing those who want to file for divorce from their military spouses is residency. Where do you file for divorce if your spouse is deployed or moved to another base? Does it even matter where you file? A Morton divorce lawyer can help you weigh your options.

Where Can You File For a Military Divorce?

You should have three choices when you are deciding where to file for military divorce. You can file for divorce in:

  • The state where you live
  • The state where your military spouse is stationed
  • The state where your spouse claims legal residence

Usually you will want to file in the state where you and your spouse both resided for more than 91 days.

Does It Matter Which State a Military Divorce is Filed In?

Where you file for a military divorce can matter. This is because different states have different rules about divorce.

A good example of this concerns fault. In Illinois, you don’t have the option to file for a fault-based divorce. You can only use irreconcilable differences as grounds and file for a no-fault divorce. Other states might allow you to file for a fault-based divorce.

Different states may also have different rules that may affect certain parts of your divorce agreement. Property distribution, alimony, and child support could all be affected.

Can a Default Judgment Be Issued Against a Military Spouse?

People in the military do have some protections that other people do not. One of these is protection against a default judgment. In most cases, if you file divorce papers and your spouse does not show up to court when they are supposed to, a default judgment can be leveled against them.

This essentially means that the court only ends up hearing your side of the argument. This can make it easy to argue for arrangements that are more favorable to you. Military spouses are often protected against this though. They can apply for a stay if they are on active duty and unable to appear in court. This puts the case on hold.

Do I Need an Attorney?

A lawyer can answer your questions and help you figure out where to file for divorce. They can also help you tackle some of the unique challenges that can emerge in a military divorce. Your lawyer can also advocate for you and help you fight for the best possible terms in a divorce agreement.

Contact Our Law Firm

Going through a divorce on your own is always going to be tough, and dealing with the potential complexities of a military divorce can make things even more difficult. So contact Butler, Giraudo & Meister, P.C. to schedule a consultation. Our family attorneys are ready to advocate for you.

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