Getting a Divorce While Your Spouse Is Deployed


Military service takes a great toll on families. Not everyone is cut out for the challenge of maintaining a long distance relationship, which is why Pasadena family law firms often see a lot of military families interested in filing for divorce.

There are counselors available at most military bases to help the spouses of active duty military personnel deal with the stress of deployment. If you’re not sure divorce is the right answer, making an appointment to speak with someone might help you get a fresh perspective.

If you decide that you're ready to end your marriage, you will need to choose an attorney to provide representation. Military divorces have special rules that don't apply to a civilian divorce, such as the entitlement to a portion of the military member’s retirement pay if you've been married fifteen years or more overlapping with ten years of service. It’s important to select an attorney who is experienced in handling military divorces so you get a settlement that will allow you to move on with your life.

Your attorney will ask for several documents related to your financial situation, including bank account statements, tax returns, property deeds, and records of any loan payments. As you’re gathering these documents, try to create a budget for yourself that determines what your post-divorce expenses will be. This budget can help you decide what you’ll need in terms of child support and alimony.

One reason to file for divorce while deployed is that the deployment can count as part of the mandatory separation period. This means that you can get the issue resolved quicker and not have to go through the separation period once your spouse returns. However, you should keep in mind that your active duty spouse can request to have the case postponed until he or she returns. The law gives military members this option in order to allow them to focus completely on serving their country.

How Can We Help?

Please call our office at (626) 683-8113 or email us at if you have questions about how to file for a military divorce. Our skilled Pasadena family lawyers have the experience needed to advocate for your interests throughout the settlement process.