Divorce and Active-Duty Servicemembers

As long as both spouses agree to the terms of the divorce, one or both spouses being active-duty servicemembers should not create a problem in an uncontested divorce. That being said, there are a few situations that may merit additional consideration.

Default Divorce Issues

To protect the legal rights of U.S. servicemembers, a default divorce is not a allowed when the non-filing spouse is on active-duty. If only the filing spouse is a servicemember, default is an option, which may be important if the non-filing spouse refuses to accept service and sign the necessary paperwork because the divorce can still proceed. Often court filing fees are waived for active duty servicemembers.

For more details, see our article on your spouse’s role in an uncontested divorce.

2. Using a P.O. Box or Foreign Address

A physical address is best because courts often require it to confirm state residency. However, for active duty service members who do not have access to a U.S. physical address, a P.O. Box or foreign address is acceptable.

3. Getting Documents Notarized

U.S. banks generally offer free notary services to account holders. U.S. military bases here and overseas also offer free notary services through the Legal Assistance Office (also known as the JAG office). It’s best to contact your base’s Legal Assistance Office to confirm availability and schedule an appointment. Be sure to bring your military ID and all documents that need notarization. In the alternative, for a secure online option that allows you to notarize multiple documents from anywhere in the U.S. 24/7 for $25 per session, please use our link: https://www.divorcewriter.com/how-to-notarize-a-document-online

4. Dividing Military Pensions

Military pensions can be divided in divorce, but they require special handling. In most cases, a standard QDRO (Qualified Domestic Relations Order) is not used. Instead, the division of military retirement benefits is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA).

To divide a military pension, the divorce decree must include specific language that meets the requirements of the Defense Finance and Accounting Service (DFAS). In some cases, a separate Military Retired Pay Division Order (MRPDO) may also be required.

For more information, visit the DFAS website on military pension division.

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