Divorce Proceedures
Navigate the military divorce process with guidance on legal requirements, benefits implications, and support resources.
Important Legal Notice
This information is for general guidance only and does not constitute legal advice. Military divorce involves complex federal and state laws. Always consult with a qualified attorney and your installation's Legal Assistance Office for advice specific to your situation.
Legal Process Overview
1
Consult JAG Legal Assistance
As soon as possibleSchedule a free consultation with your installation's legal assistance office
- Available to all active duty service members
- Can provide advice on state divorce laws
- Help understand military-specific divorce issues
- Assist with document preparation
2
Understand Jurisdiction
During consultationDetermine which state has jurisdiction over your divorce
- State where you are stationed
- State of legal residence (domicile)
- State where spouse resides
- Each state has different residency requirements
3
Gather Financial Documents
1-2 weeksCompile all financial records for asset division
- Military pay statements (LES)
- TSP statements
- Bank account statements
- Property deeds and vehicle titles
- Debt documentation
4
File for Divorce
Varies by stateSubmit divorce petition in appropriate court
- May need civilian attorney for court filings
- JAG cannot represent you in court
- Consider mediation for uncontested divorces
- SCRA protections may apply
Military-Specific Considerations
Military Pension Division
Understanding the 10/10 rule and pension division
- 10/10 Rule: Marriage must overlap 10+ years of creditable service for direct DFAS payment to ex-spouse
- Court can still divide pension even without 10/10 rule eligibility
- Division is typically calculated using the 'marital fraction' method
- Survivor Benefit Plan (SBP) coverage for former spouse must be addressed
BAH & Housing
Housing allowance and living arrangements
- BAH-DIFF may apply if paying child support
- On-base housing must be vacated by non-military spouse
- Typically 30-60 days to vacate after divorce finalized
- May need to update BAH dependency status
TRICARE Coverage
Healthcare coverage for former spouse
- 20/20/20 Rule: 20 years marriage, 20 years service, 20 years overlap = full TRICARE for life
- 20/20/15 Rule: Transitional TRICARE for 1 year
- Children remain covered until age 21 (or 23 if full-time student)
- Former spouse can purchase CHCBP for up to 36 months
Child Custody & Support
Custody arrangements considering military lifestyle
- Deployment and PCS considerations in custody agreements
- Family Care Plan requirements for custodial military parent
- Child support calculated per state guidelines
- DFAS can garnish pay for court-ordered support
Servicemembers Civil Relief Act (SCRA) Protections
Legal protections available during divorce proceedings
Stay of Proceedings
Can request 90-day stay if military duties prevent court appearance
Default Judgment Protection
Court must appoint attorney before entering default judgment against service member
Interest Rate Cap
6% cap on pre-service debts may apply during proceedings
Documents to Gather
Essential paperwork for the divorce process
Personal Documents
- Marriage certificate
- Birth certificates (children)
- Military ID cards
- Social Security cards
Financial Documents
- LES (Leave & Earnings Statements)
- TSP statements
- Tax returns (3 years)
- Bank/investment statements
Property Documents
- Property deeds/mortgages
- Vehicle titles
- Insurance policies
- Debt documentation
Support Resources
Military OneSource
Free, confidential counseling and legal resources
1-800-342-964724/7
Legal Assistance Office
Free legal advice and document preparation
Contact your installationBusiness hours
Military Family Life Counselors
Short-term, non-medical counseling
Available on installationVaries by location
Chaplain Services
Spiritual support and counseling
Contact your unit chaplain24/7 for emergencies
Related Resources
Additional information that may be helpful