Military Divorce Jurisdiction: Where Can You File? –
One of the biggest questions military families face during divorce is: “Where do we file?” Unlike civilians, service members move frequently—so which state handles the divorce?
Here’s a breakdown of the rules:
1. Residency Requirements Matter Most
Most states require at least one spouse to be a resident before filing. For military members:
Your Home of Record – If you’re from California but stationed in Texas, you can still file in CA.
Your Spouse’s State – If they live in another state (e.g., Florida), they may file there.
Where You’re Stationed – Some states allow filing if you’ve lived there for a certain time (e.g., 6 months in California).
2. Why Jurisdiction Matters
Different states have different laws on:
– Division of military pensions
– Alimony rules
– Child custody preferences
Example: California is a community property state, meaning assets are split 50/50—while other states divide them “equitably” (not always equally).
3. What If You and Your Spouse Are in Different States?
This gets tricky. The first spouse to file usually determines the jurisdiction. If you’re military, consider:
– Filing in a military-friendly state (e.g., California has clear rules on pensions).
– Avoiding states where your spouse has an advantage (some favor residents in custody cases).
4. Can You Change Jurisdiction Later?
Sometimes—but it’s difficult. Courts prefer to keep cases in the original filing state unless there’s a strong reason to move it.
Need Help Choosing the Best State to File?
At Hayat Family Law, we help military members file in the most favorable jurisdiction. Get expert advice today.
