Ending a marriage can be complicated under any circumstance; when one spouse is in the military, the process is slightly different because these couples are more likely to move frequently and may need to live separately during training exercises and deployments. If you are going through a separation from a military service member, you likely have many questions about the process. This guide will help you prepare for a meeting with your divorce attorney.

A Brief Guide to Military Divorce

What state should you file for divorce?

Military families tend to change residences, sometimes with little notice, so you may be uncertain about where to file for divorce. You do not have to file in the state where the wedding took place. A divorce attorney can file papers in the state where the military member is currently stationed or the state in which either spouse resides, as long as they meet the residency requirement. In West Virginia, either spouse must be a resident of the state for at least one year before the start of the divorce.

What can slow down the process?

Military members can delay a divorce under the Servicemembers Civil Relief Act (SCRA) if their active duties prevent them from participating in the proceedings. Through a divorce attorney or on their own, they can request a stay of 90 days. The court can grant extensions in light of certain circumstances, such as overseas deployment.

How does divorce affect my benefits and coverage?

Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), former spouses of military members may retain certain privileges. They can still receive healthcare, commissary, and other military ID benefits if they meet what's called the 20/20/20 rule. 

This rule stipulates: 

• The civilian spouse was married to the servicemember for at least 20 years
• The member has been in the military for at least 20 years but does not have to be retired
• The couple was married during this period of service

If the couple was married for at least 15 years of the service period, the civilian spouse may still receive TRICARE medical coverage. The division of a military pension is decided by the state. In West Virginia, the court treats military pensions as community property, meaning it will most likely split this asset down the middle. 

How is child support decided?

Each service branch, except the Air Force, requires service members to support their families during a divorce until there is an official court order. The court will decide child support according to state laws. In West Virginia, the child support calculator factors in the number of children and both parents' gross incomes, then assigns support proportionally. 

If you are going through a military separation, trust the divorce attorneys at Sanders & Austin. For over 100 years, this firm has provided quality legal counsel and representation to clients across Mercer County, WV, and surrounding areas. Their team of experienced lawyers works out of 320 Courthouse Road in Princeton and is prepared to study your case and protect your rights and interests. Call (304) 425-8125 for a consultation or visit the firm's website to learn more about their practice areas.