Military Divorce

While a military divorce is like a traditional civilian divorce in many ways, there are several factors that can add an extra challenge to an already difficult situation. A couple going through a military divorce should consider factors such as childcare during deployments, retirement pensions, and the division of other military benefits.

Utah Military Divorce Requirements

To file for a divorce in Utah, couples must meet residency requirements:

• Either spouse must be an actual and bona fide resident of the state or be stationed in the state pursuant to military order for the three months immediately prior to commencement of the divorce case.
• The serving spouse must consent to the jurisdiction, or the service spouse must be a legal resident of the state where the divorce is filed.
• The serving spouse must be personally served with a copy of the divorce action.

Child Support and Child Custody

• Deployment poses challenges for maintaining parental roles. If the custodial parent is deployed and previous arrangements have been made, care can be transferred to the noncustodial parent for the time of absence. If the noncustodial parent is deployed, the court may transfer custody and visitation rights to a family member during deployment.
• Child support guidelines follow Utah law but may be adjusted for deployment-related income variations.

Military Pensions

• Military retirement benefits are divided under the Uniformed Services Former Spouses’ Protection Act (USFSPA) as divisible property in a divorce settlement. The amount of retirement pay is based on the duration of the marriage.