Kathy D. Sheive Attorney at Law

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Military divorce: When you don't live in the same state

Military divorces have many different aspects that can make them more complicated than civilian divorces. Just one of these is that it's fairly common for the two parties not to be living in the same state.

Because military families move often, sometimes the non-service member will stay in a permanent residence while the military member moves from place to place as assigned. In other cases, the civilian party may still be living in a different state in an attempt to sell the house or finish out the children's school year. No matter the reason, if you and your soon-to-be ex are living in different states, you'll need an attorney who is experienced in multistate divorces.

One of the main issues that comes into play in these types of divorces is where the divorce needs to be filed. This is important because the state that is given jurisdiction in the case impacts the property division, child support and even child custody guidelines for the divorce. In some situations, you may be able to present an argument before the courts about why the state you are in should be the home state where the divorce is filed.

However, if the courts decide that the divorce will take place in a different state, it can make the case more difficult logistically. If you aren't sure where your divorce should be filed or what a multistate divorce may mean for your situation, talking with an attorney is an important first step to getting more information and knowing what potential obstacles you may face.

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