For most people wanting to end their marriage, knowing where to file is simple. They go to the local courthouse. However, it is not as easy when you are part of a military family.
Military members move quite often, which may mean you are not really sure where home is and where you must file for divorce. The American Bar Association explains you will file for divorce in the place of your legal residence, which can vary.
Your legal residence is typically the place where you have your home and live most of the time. As a military spouse, though, you may not meet all the residency requirements a state sets to file where you currently live. You may also have ties to another area that is more like home to you. If you plan to move after the divorce, you may have a desire to file in your new location. These things can complicate figuring out where your legal residence is for the purposes of filing.
You should consider the details of your situation. Look at the community ties you have. Are they in the place where you currently live or somewhere else? Where is your driver’s license from or what address do you use for other important things, such as your taxes? You will need to be able to prove that whatever area you choose, there is sufficient evidence that you have secured a residency in that location.
Why it is important
The place you file is incredibly important in a divorce because it will dictate many aspects of the process. Property division will be most impacted by the location, so you need to be sure you choose correctly.