big city
We offer easy and convenient Invoice Payment options for you!

Three Unique Considerations For Military Divorce


Just as the job military service members do is unlike any other in the country, the laws that protect service members on active duty are also unique. If you are a service member facing divorce, you probably have a few questions about how your job duties could impact your ability to seek representation, obtain custody and protect your assets.

Luckily, your status as a military member in service to the federal government gives you some flexibility in your ability to file. Let’s take a look at three things to consider to protect your right to fair representation as a service member.

1. Consider where you want to file

If you are initiating the divorce filing, you can choose the state in which you wish to proceed. Your home state of record is likely different from the state in which you serve. Therefore, you should take the time to consider the jurisdiction. Ask yourself the following three questions:

· Where do you own property?

· Where were you and your spouse married?

· Where were your kids born?

Determining the jurisdiction of your case will help guide you on specific arrangements of asset division and child custody.

2. Your duty could delay proceedings

Whether you’re in garrison, in the field or on deployment, service members are required to place the mission first. This obligation could delay proceedings, but you are protected from penalties as a result. Delaying your case can ensure that you are still given a chance to represent your interests in the divorce proceedings.

Further, the potential for deployment will not affect your ability to obtain custody of your children. However, if you do deploy, you will be required to have a family care plan in place before you leave. You can arrange a family care plan with the help of a family law attorney.

3. Your spouse may be entitled to some of your pay after divorce

When considering spousal support after marriage, the military applies the 10/10 rule. This law states that if you and your spouse were married for at least 10 years and 10 years of creditable military service were performed in that time, your spouse may be entitled to a portion of your pay.

Other assets such as your property and Thrift Savings Plan are also subject to division in a divorce. A family law attorney who understands your needs as a service member can help secure your right to an amicable and equitable divorce.


No items found.
Mark D. Hodgson

Mark D. Hodgson

Mark D. Hodgson and his legal team at Hodgson Law Office provide exceptional, personalized representation in family law and divorce cases. With a commitment to trust, integrity, and vigorous advocacy, Hodgson Law Office offers reliable and compassionate legal assistance for all your family law issues.

Schedule a Free Consultation With an Experienced Spokane Divorce Lawyer Today!

When it comes to divorce, you need a trusted advocate on your side. Hodgson Law Office is here to help. Schedule a consultation today and get the legal support you need.

Free Consultation

Contact Our Spokane Family Law Attorneys for Assistance

Don't navigate family law issues alone. Let Hodgson Law Office advocate for your best interests. Schedule a free consultation now.
Free Consultation