Military Divorce Jurisdiction
Servicemembers Civil Relief Act (SCRA)
It is very important to be aware of your Military Divorce Rights and that there may be a choice of states to file in for divorce.An entire book could be devoted to addressing jurisdiction, especially when one considers service members located overseas or those entering marriages with foreign nationals.
Jurisdiction Questions for Military Divorce Laywers
- The service member is stationed overseas, what court(s) have jurisdiction for the military divorce?
- My civilian spouse is a native of Germany, where is the best place to file for a military divorce?
- We just relocated (or have an upcoming) Permanent Change of Station (PCS), are there choices for jurisdiction?
Court orders cannot merely state that they "have Uniformed Services Former Spouses' Protection Act (USFSPA) jurisdiction" but must state the specific reason for this jurisdiction. Language is important.
DoD FMR Vol 7B Ch 29 Former Spouse Payments from Retires Pay covers the requirements for the language used to divide retirement pay.
Servicemembers Civil Relief Act (SCRA)
In the case of active duty or deployed service members, the court order must also state compliance with the Servicemembers Civil Relief Act (SCRA) passed in 2003 as an amendment to the Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA).- SCRA
A judges guide to military divorce jurisdtion as stated in the the SCRA. - SCRA Overview
Overview of the Servicemembers Civil Relief Act. - SCRA by Topic
The Servicemembers Civil Relief Act broken down by topic. - Military Spouse Residency Relief Act (MSRRA)
Military divorce jurisdiction for the soon-to-be former military spouse.
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