Military Divorce and Collaborative Law

Military divorces can be more intricate than divorces between civilian spouses. Collaborative Law is a non-adversarial approach to resolving disputes. The parties and their lawyers and other experts enter a formal agreement to focus on settlement rather than litigation.

Military Divorce Laws

Collaborative law encompasses military divorce, which means the divorce must adhere to federal and state laws. Understanding what the legal residence, or “domicile,” is defined determines where you may file for divorce and what laws you will have to follow. Every divorce must follow state laws and local procedures, but there are certain federal statutes and military regulations that may apply to your divorce depending on where you file.

Jurisdiction Regulations

Before a court will grant a divorce to active-duty service members and their spouses, it must possess jurisdiction, which is the authority to hear the divorce case. Jurisdiction is usually where the couple resides in civilian cases. However, for military members, jurisdiction can be established where the couple has a legal residence, even if the active-duty member is stationed elsewhere. The attorney you select will assess your connections to determine where jurisdiction is. Things such as your driver’s license, mailing address, voter registration, or other government forms if and as appropriate will determine where your “domicile” is located. A military member’s “home of record” may not be the same as the military member's domicile.

How the Collaborative Process Works

In the Collaborative Process, the parties will work together with a team of professionals to avoid the outcomes of costly Court litigation and to achieve a settlement that best meets the specific needs of both parties and their families as a whole. The goals of the collaborative process are to help the couple define their needs, wants, and goals and then implement those together for a settlement that best meets the needs of their family.

Collaborative Law gives military service members and their spouses options when it comes to divorce. Collaborative Law provides a safe, neutral environment for the parties to work through the different areas that a military divorce offers.

Working with an experienced family law attorney, like Heather Hudson throughout your divorce proceedings will make the process easier. Contact us today to set up your consultation.