If you’re in the military and you want a divorce, there’s a few things to consider. It’s not as easy to get a divorce as if you’re just an ordinary civilian out in the street. One thing to consider is where can you get a divorce.
If your home of residence is, say, in the state of New York, but you’re stationed in Alabama or Tennessee, you’ve got two choices to make. You can either go home to your home jurisdiction of New York and file for divorce there or you can change your residency to the state you’re living in and enter the courts there.
The other thing to consider is that you don’t want to start dating immediately when you decide to separate from your spouse because, so long as you’re legally married, you can be charged with the crime of adultery under the Uniform Code of Military Justice. That’s still illegal. It’s something that a civilian doesn’t have to worry about.
The other thing to consider is that your military retirement can be divisible upon divorce. There is a certain formula. It varies by jurisdiction, so you’d certainly want to come in and talk with one our attorneys to see just how much of your retirement you might be giving up.