BURTONSVILLE, Md. -- A couple in the military who wishes to get divorced may be asking “How long does a military divorce take?” Legal-yogi.com is here to supply an answer to that question by sharing its knowledge of the subject, including:

Non-Military Divorce Lawyers Only
Jurisdiction over the Process
Special Considerations
USFSPA

Civilian Divorce Attorneys Only

One response to how to get a military divorce is to find a good lawyer who is fluent in military law. One cannot be found in the military itself, as military divorce lawyers don’t exist. However, there are innumerable civilian divorce lawyers that specialize in military divorce, so don’t despair. These attorneys treat military divorce just as they do civilian marriage dissolution because there are minute differences in the procedure. Also, on base, there is a legal pool stocked with individuals who can assist a husband in writing letters and stating his specific desires from the divorce.

Jurisdiction over the Divorce

If one wants to know “How long does a military divorce take?” one should understand that it will take as much time as it needs. There’s no set period of time that must elapse before the divorce is final. It depends on where the divorce is filed, and on which state has jurisdiction over the procedure. To determine this, one of the spouses must have resided in the state of choice for at least 6 months before that state’s Family Court can hear and grant the petition. From there, the judge can help move the action along.

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Military Member Considerations

Under an act of Congress many years ago, an active duty service member is allowed to ignore a divorce petition for his entire tour and for up to 90 days after its conclusion. This is to enable him to concentrate solely on protecting the country and not on personal issues. This is all fine for him, but the wife should have looked into how to get a military divorce before her spouse went on active duty. Now she has to remain married to him far longer than she wished to

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USFSPA

Many years ago, before asking “How long does a military divorce take?” former military spouses got nothing when the marriage was dissolved. No pension payments, no health insurance…nothing. Congress created the Uniformed Service members Former Spouse Protection Act, or USFSPA. This Act allowed ex-spouses to retain health benefits and access to the PX and commissary for up to one year after the divorce is final, making the transition to being single somewhat easier.

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