Does a military divorce have to stay in the same state?

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Does a military divorce have to stay in the same state?

Asked on June 8, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am a bit confused by your question.  When you are in the military and are getting divorced you have the ability to be able to choose the state that you wish to divorce in most of the time rather than most people who must file in the state in which they have established residency.  But you still need to look up the law in the state in which you are stationed.  So in other words, you can probably file in your home state of residence or the state in which you are stationed so long as you have been there the amount of time the law asks (usually 6 months to a year).  Good luck.


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