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What rights do both parties have in a military divorce?

On Behalf of | Apr 17, 2018 | Military Divorce |

A military divorce is a little different than a civilian divorce. As such, it may require different rights and considerations. If you are filing for a military divorce in Ohio, it is important to understand your rights and the rights of your spouse. This will help the process to go more smoothly.

Military One Source explains that if your spouse is in the military, you still have the right to get legal assistance from the military for your divorce. Do understand, though, such assistance is limited and cannot offer assistance in the courtroom. You also may have some rights to your spouse’s benefits. This includes rights to commissary, exchange and theater privileges and medical benefits.

If you are the servicemember, you may be in a situation where you are serving active duty or out of the country. You have rights to protect you in these cases and ensure you get treated fairly. For example, time limits on responses may be altered to fit your situation.

Regardless of which party you are, it is important to know a divorce is not a military matter. It is not heard in military court. It is governed by the laws of the state in which you file. The state may be where you currently live or where you are stationed. You may also file in the state of your legal residence, which may differ from where you currently live. It is difficult to file in another country because divorce laws differ, so the divorce may not be recognized in the U.S. This information is for education and is not legal advice.


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