Filing for divorce when you or your spouse is in the military is not much different than filing when both spouses are civilians, but certain complications can make the process more difficult. Military divorces often involve at least one spouse who can, because of deployments and assignments, file for divorce in more than one state. Furthermore, filing for divorce while your spouse is deployed raises other legal concerns requiring the courts to grant waiting periods before any filed divorce can be acted upon.
Step 1
Research divorce laws. Military personnel can often file for divorce in more than one state. Though each state sets its own definition of what constitutes residency, military divorces can be filed in the state where you live, the state where you are stationed or the state where your spouse lives. Contact a legal aid organization or a local attorney for help with any questions.
Step 2
Choose the state in which you wish to file. If you or your spouse qualify as residents in multiple states, it is up to you, as the filing spouse, to choose where you want to file. Because state divorce laws differ, often significantly, you need to choose carefully after researching and understanding the difference of the various divorce laws in each state.
Step 3
Prepare your divorce petition. Your divorce petition--sometimes referred to as a divorce complaint--is the lawsuit you file with the court asking it to dissolve your marriage.
Step 4
File your petition. You must file your divorce petition in the state and county where either you or your spouse claims legal residency. Contact the clerk of the civil court in the county where you want to file and ask what the filing fee is. You can also call the clerk beforehand and ask whether she has any help for pro-se litigants, which are those filing without the aid of an attorney.
Step 5
Serve the papers. Once you file your divorce, you must ensure your spouse receives a copy of the divorce papers, known as service of process. Your spouse can voluntarily waive service or you can have the sheriff's department or a process server deliver the papers personally. If your spouse is deployed when you serve the papers, you have to wait for at least 30 days after your spouse returns home before the divorce can be finalized.
