Military and Divorce Jurisdiction: What State Can I File in?

Deciding to end your marriage is one of the most difficult decisions you and your spouse can make. It is an emotional time, with both parties feeling a sense of anger, frustration, and loss as they grapple with the fact that the life they have known is over and the building of a new life must begin.

Divorce can be made even more complicated if you are a service member or the spouse of a service member. Dealing with deployments, temporary duty assignments, and military benefits can make a stressful situation even worse.

A military divorce attorney can help you secure not only your future but the future of your children by addressing jurisdictional and benefit issues that arise when a military member divorces.

Jurisdictional Issues

Service members and their spouses have several options available to them when determining where to file for divorce.

  • The state where the spouse who is filing lives.

  • The state where the military member is stationed.

  • The military member's state of legal residency.


The state in which you divorce determines the grounds for the proceeding, how assets are divided, and all other legal matters that arise during the marriage dissolution process.

Contact a family law attorney specializing in military divorce to determine your best options.

Benefit and Asset Distribution

A military divorce attorney can help you receive the medical, exchange, and commissary privileges you are entitled to when you dissolve your marriage. These benefits are assigned a financial value during the proceeding and help to determine the amount of child support and alimony that is awarded by the judge. Among the items taken into consideration are:

  • Survivor Benefit Plan

  • VA Disability

  • Service members Group Life Insurance

  • Retirement Pay

Basic Allowance for Housing, Hazardous Duty Incentive Pay, Tax Implications of Assignment Pay and Income Treatment of Benefits are also considered by the judge when making financial determinations in a divorce case.

How Drexler Law Attorneys Can Help

A family law attorney at the Drexler Law Group can help you navigate your way through your military divorce. You should also keep in mind that if you and your military spouse have been married for at least 20 years, you are entitled to retain your full range of military benefits.


If you are looking to divorce in the state of Colorado, call the Drexler Law Group today at (719) 259-0050 to speak with an experienced divorce attorney who will fight for you and help you rebuild your life following your divorce.