the modern woman's divorce guide

If your husband is in the military, there may be three different states where you can file for divorce. They include your husband’s state of legal residency, your state of legal residency and the state in which your husband is stationed.

The ability to choose from three different states can be advantageous because you can select the state that has the most favorable divorce laws. For example, if you are a resident of California, you may wish to file in your home state if the community and separate property laws work to your advantage. So, before you file a divorce petition or complaint, research each state’s laws, to determine which jurisdiction is best for you. Pay close attention to each state’s law regarding the division of assets, including retirement or pension plans and the payment of alimony, spousal support and/or rehabilitative maintenance.

If your husband has a military pension or is entitled to a significant “retired pay” and yours is a long term marriage, make sure you identify the state that has personal jurisdiction over your husband and the ability divide his pension or retired pay. Personal jurisdiction over your husband will be based on his residency, domicile or consent.

This is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce. Technorati Tags: military divorce tips filing divorce husband enlisted active duty military divorced legal women woman law