What is the Best State for Military Divorce?
Can You Choose Any State for a Military Divorce?
When looking for the best state for military divorce, in most cases, the service member and soon-to-be former spouse do not have the choice of 50 states to pick from, so there is no need for a book describing the rules of every state. What you need is a good military divorce attorney specialized in jurisdiction rules for the states you might divorce in.
Usually, even if you are assigned overseas, there will be at most, a choice of three states: where you currently live, the state where the service member is working, and the service member’s home of record. (Sometimes these all define the same state, leaving you with only one choice for filing.)
An example of a military divorce that might cross three states: A service member has a home of record of Michigan, but is assigned to work in Virginia, yet lives across state lines in Maryland. (Jurisdiction rules must still be met in each state.)
Don’t rush a divorce filing. Call lawyers in different states. Many will answer the first question for free or even have a free one hour consultation. Read Military Divorce Tips: Health Care, CHCBP, USFSPA, SBP, Retirement Benefits, and Law Answers for Service Members and Former Spouses prior to initiating lawyer discussions. This way you will not waste hours of attorney fees learning basic military divorce issues and you may also gain new ideas to add to your list of questions.
You can use this consultation to compare state military divorce rules. You will learn which state is best for the soon-to-be former spouse or best for the military service member – should you wish to plan your “premeditated divorce” accordingly.
You don’t need a book comparing how every state applies the USFSPA in a military divorce.
And consider this: Instead of spending time focusing on the best state for a military divorce, perhaps you might discuss things amicably and arrive at an equitable and just decision together with your soon-to-be ex-spouse.
UPDATE (October 2012): see also Military Divorce State Laws
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These “military divorce attorneys” specialize in getting the courts to do indirectly what they can’t do directly. Besides there should be NO state that is the “best” for a military divorce – because the USFSPA is unconstitutional and it encourages military suicides to prevent the member from sharing their soley earned – BY LAW – military retired PAY – NOT “property” – with their former spouse.
DoD panel calls for radical retirement overhaul. Looks like there will be an impact to the USFSPA when “new” military retirement systems are put in place in a few years. The ex-spouse would no longer immediately receive “their share of the retirement money” because the retired military member may have to wait until he/she is 58 – 65 years old to receive any retainer/retirement payments.
Trying to find the “best” state in which to file a military divorce action may have a problem – a residency requirement excluding the itinerant member and spouse. “Forum shopping” (finding a “good” state to get and keep the most marital assets) could find that long-term residency may narrow the “choice” to only a few – such as current state of living quarters, legal ties – voting, filing tax returns, driver and car licenses.
I disagree with your statement that you don’t need a book that compares how other states apply the USFSPA. You certainly do need that information. My second book, DIVORCE AND THE MILITARY II–A COMPREHENSIVE GUIDE FOR SERVICE MEMBERS, SPOUSES, AND ATTORNEYS, has an entire chapter that elaborates on the major cases in each state and how the state treats MRP and disability pay. Very often attorneys will cite cases in other states (more often in the community property states) to illustrate a point. It is most important to know that one has hired a highly knowledgeable attorney. I have seen too many cases where the attorney has claimed to be an expert on the USFSPA, and then can’t tell you what SBP is or what points are in computing the marital portion of the MRP.
BTW, I know of NO attorney who will give a one-hour consultation for free. Indeed, I haven’t found any attorneys who will give any consultation for free; they might reduce their fee to $100 for a half hour, but that is about the most they will do, from my experience with clients and attorneys. Service members and their spouses should expect to pay for a consultation. Further, if you do pick a jurisdiction that is not in the state where you currently reside, expect your legal fees to be increased by one-third to one-half more when not using a local attorney, for obvious reasons. Among other things, long-distance charges will be assessed, and travel costs will be expensive. Timely filings can be hampered because of the time factor for the client to receive papers in the mail to review or sign, and more.
Marsha Thole, Lt Col, USAFR (Retired)
Co-Author, DIVORCE AND THE MILITARY II
Click here to see Divorce in the Military II and save a little when you buy a used copy.
There are lawyers who offer free initial consultations. Here’s a public San Diego, CA example (good through May 15, 2013).
We’ve no knowledge of their expertise. If you consult with them, you might ask the attorney questions suggested in Military Divorce Tips.