Special Considerations for Military Divorces

Military couples that are getting divorced face unique challenges. After the decision to get divorced is made, the first question that usually arises is where to file the divorce papers. As military families are well aware, frequent relocations are a part of life. If you have not lived in Utah for a long time, can you still file for divorce in this state? What should you do if your spouse is on active duty?

In order for a court to grant a divorce, it must have jurisdiction over both individuals. Jurisdiction is the court’s power to hear a case. Generally, you meet a state’s jurisdiction requirements if you are a legal resident of that state. The issue is not as simple for members of the military. Often, military members and their spouses are not legal residents of the state where they are stationed.

When it comes to military divorces, Utah law provides that the court has jurisdiction over the case if the petitioner has been stationed here under military orders for at least three months prior to filing for divorce. This law holds true even if you and your spouse are not legal residents of Utah.

In addition to meeting this jurisdictional requirement, the petitioner must also meet the service of process requirements. This means that the petitioner must serve the other party with the petition for divorce, the summons, and other relevant documents no later than 120 days after filing the petition. When service is completed, the petitioner must then file a proof of service with the court.

It is important to know that if the military spouse is on active duty when the petition for divorce is filed, he or she may be able to delay the proceedings under the Service Members Civil Relief Act. The SCRA protects military members from lawsuits and other legal proceedings while they are on active duty so that they can focus their attention on that duty.

As this post demonstrates, military divorces have special considerations. Going through a divorce is difficult enough, but being in the military can make it even more challenging. To get help with your divorce, contact an experienced family law attorney.

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Great support, Russell and Connor were amazing and got my case dismissed in only 2 months. Great communication with weekly calls. Easy to work with and were very conscious on not overspending my budget. Great team.

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Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

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Special Considerations for Military Divorces

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