Challenges of Divorcing an Overseas Military Spouse –
Divorce is complicated enough without adding foreign bases, time zones, and military red tape into the mix. If your spouse is stationed abroad (whether in Germany, Japan, or a combat zone), here’s what you should know:
1. Where to File: Jurisdiction Matters Most
The big question: Which court can hear your case?
California Courts – If you or your spouse are CA residents (even if stationed elsewhere)
Where You’re Stationed – Some countries allow US military divorces on base
Their Home State – If they maintain residency elsewhere
Pro Tip: California is often the best choice because:
– Community property laws are clear
– Courts are familiar with military cases
– The 6-month residency rule is manageable
2. Serving Papers Across Borders
We covered service options in detail in our previous article, but key points:
– Military postal service is your first try
– Personal service may require local process servers
– Alternative service needs court approval
3. Special Considerations for Overseas Cases
Child Custody Complications
– International relocation orders are tricky
– The UCCJEA (Uniform Child Custody Jurisdiction Act) still applies
– Some countries may not enforce US custody orders
Property Division Challenges
– Overseas assets (like foreign bank accounts) add complexity
– PCS moves mean property may be scattered across countries
Timing and Delays
– Expect longer timelines due to communication hurdles
– SCRA protections may pause proceedings during deployment
4. Your Best Strategy
1. File in the most favorable jurisdiction (usually California if possible)
2. Document all service attempts meticulously
3. Consider mediation to avoid international court battles
4. Work with a military-savvy attorney who knows the systems
Don’t Navigate This Alone
International military divorces require specialized knowledge. Our firm has helped clients on every continent. Contact us now to learn more.
