Where the case can be filed
Service members and their spouses often live somewhere other than the state they call home, so the first question is which court can hear the case. Depending on state law, a divorce may be filed where the service member is stationed, where either spouse is legally domiciled, or where the other spouse lives. Dividing military retired pay raises a further question, because federal law limits which state courts can divide it without the service member's consent. Custody questions usually belong to the courts of the state where the children have been living. Choosing the wrong forum can mean starting over.
Timing, deployment, and federal protections
The Servicemembers Civil Relief Act allows an active-duty service member to ask a court to pause a civil case when military duties materially affect the ability to take part. Courts also require a statement about military status before entering a judgment against a party who has not appeared, which affects default divorces. Each branch of the service has its own regulations about family support while spouses are separated, and those can apply before any court order exists. If you are the service member, keep copies of your orders and deployment schedule; if you are the spouse, collect the leave and earnings statements and benefits paperwork you can lawfully reach.
Retired pay, survivor benefits, and health coverage
State courts can treat military retired pay as divisible property, and both the order's wording and how long the marriage overlapped with service affect whether the defense finance office can pay a former spouse directly. Survivor Benefit Plan coverage for a former spouse is a separate election with its own short deadline, and missing it can be hard to fix. Continued military health coverage for a former spouse depends on federal rules tied to the length of the marriage, the length of service, and how the two overlap. In a first meeting we look at the service history, the marriage dates, the current orders, and where each of you lives. Bring the most recent leave and earnings statement and any retirement estimates.
