Where do I file divorce if I’m in the military?

In Utah, divorces between civilians happens just about every day. It’s not a complicated process to figure out where to file. But for marriages in which at least one partner is in the military, the question of where to file can be quite complex. There are different factors and circumstances to consider when divorcing.

Most couples will get divorced where they live. But a military couple may have been married in one state, own a home in another and be stationed in a third. That complicates the question greatly. To add to the issue, each of these states will likely have their own laws surrounding divorce, including child custody and alimony regulations. 

Essentially, military couples can choose in which state they are involved they will get divorced. Involvement could include paying taxes, being registered to vote, having a state listed on the driver’s license or even where a bank account is located. A good rule of thumb is that a state should include at least two of these factors to be a choice for filing a divorce. But, there are a myriad of other factors also in the work, such as convenience, that makes each and every situation unique.

Once a state is chosen, the divorce process is, for the most part, similar to those of civilians. It may be best to consult with a divorce law attorney in each state to be considered and weigh the different statutes surrounding the split. A divorce attorney should take into consideration your specific situation and give you advice based on that.

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