Going through a divorce is never easy, and when your spouse is serving in the military and stationed overseas, the process can become even more complex. Military divorce involves unique legal considerations, and navigating the intricacies of international laws and military regulations can be overwhelming.

It’s important to work with an attorney with experience in this type of divorce. The team at Pence Law Firm can help. Call us at 304-345-7250 to get started.

Understanding Military Divorce Basics

A number of factors make military divorce more complicated than a divorce between two civilians. This means things like where they’re stationed, how often they move, and military perks like health care and housing money can all be affected. Knowing the laws regulating military divorce is key. They decide everything from how you split up assets like pensions to figuring out support payments.

Jurisdiction and Where to File

Choosing the right place to file for divorce is a critical first move when your spouse is in the military and stationed overseas. You generally have three options: the state where you currently live, the state where your spouse is a legal resident, or the state where your spouse is stationed. Each state has its own divorce laws, so picking the right jurisdiction is more than just a matter of geography; it can affect the outcome of your divorce. If your spouse is overseas, they aren’t a resident of that area, so you would file where you or they are currently a legal resident. In West Virginia, you can file a fault or no-fault divorce, which may further affect important decisions made during your divorce.

Serving Divorce Papers to an Overseas Spouse

Serving divorce papers to a spouse stationed overseas can be a challenge. The process gets a bit tricky due to the Servicemembers Civil Relief Act, which protects military members from being unfairly taken to court while they’re on active duty. Because of this, you’ll need to follow specific steps to ensure your spouse receives the papers legally and properly. 

This often involves using international service methods that comply with both U.S. and foreign country regulations. Additionally, you might have to engage with military legal assistance offices to navigate these waters. The key is to ensure the paperwork is handled correctly to avoid any delays or legal issues. You want to strike a balance between respecting your spouse’s current work situation and location, and your own goal to end the marriage and avoid unnecessary delays.

Navigating Military Regulations

One aspect of military divorce that can muddy the waters of your divorce is the number of regulations your spouse must follow. For example, most states—although this does not include West Virginia—do not “punish” one spouse for being unfaithful. However, adultery is illegal in the military, and if you are filing for divorce due to adultery, that could affect your spouse’s military career. Additionally, they are still expected to provide financial support when they are overseas. If they have used their time overseas to avoid supporting you and have left you struggling to pay the bills, that will also affect how the military handles your divorce.

Child Custody and Support Considerations

This is another topic that can complicate a military divorce. When your spouse is overseas, you obviously can’t split physical custody of your child. Furthermore, you may not even know what the future of your custody agreement looks like since predicting the military’s next move is nearly impossible. Even if your spouse is not able to claim parenting time, though, they are still required to provide financial support to your child—and, depending on the details of your marriage, they may also have to financially support you via spousal support. Your Charleston divorce attorney can help you understand what your current custody situation may look like and how it may change in the future as your ex’s military career evolves.

Choose Pence Law Firm for Your Complex Military Divorce

Choosing divorce can be a very stressful decision, but having the right legal team by your side can help alleviate your stress. Let’s talk more about your legal options. Just call Pence Law Firm at 304-345-7250 or send us a message online to set up a consultation.