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Military divorce when one spouse is out of state

On Behalf of | Jan 20, 2022 | Family Law

Going through a divorce is a stressful time for all parties involved. A split is even more complicated when you and your spouse live in two different states.

Here are some questions you need to understand if you are a service member or a military spouse who is thinking about filing for divorce.

In which state can I file for divorce?

If you and your spouse live in two different states, it is possible to file for divorce in either one of those states. Like many petitioners, you may choose to file in the state where you reside. Familiarize yourself with the family laws of each state before deciding where you would like to proceed.

How does health insurance work?

If you or your spouse is in the military, their health coverage can continue up to 36 months after the divorce. The only scenario where the military coverage would not continue is if the civilian spouse acquires new health insurance before the period of 36 months is over. This is true regardless of which state you or your spouse reside in.

How can I help my kids?

Divorce is difficult for all children, but it can be even more stressful when one parent lives out of state. Try to maintain consistency and routine in your children’s lives as much as possible. Help your children maintain communication with the other parent as much as possible.

By understanding the implications for military families, you can ensure that your divorce goes as smoothly as possible, even when you and your spouse live in two different states.