Military divorce basics: SCRA, USFSPA, and where to file

Military families divorce under the same state laws as everyone else — but a layer of federal rules sits on top, and it changes timing, location, and money. Here's the map at a high level.

Active duty changes the timeline: the SCRA

The Servicemembers Civil Relief Act protects people whose duties genuinely prevent them from participating in a court case. A servicemember on active duty can request a stay — a pause — of the proceedings, initially at least ninety days under the federal statute, with extensions possible while duty continues. Courts also can't enter a default judgment against a servicemember without checking their military status and, generally, appointing an attorney to look out for their interests first. If you're filing while your spouse is deployed, expect the case to honor these protections; they exist so nobody loses a case because they were at sea.

Where military families can file

Frequent moves scramble the usual residency picture, so the options are broader than for civilians. Generally, a divorce can be filed where the servicemember is stationed (many states open their courts to members stationed there), in the servicemember's state of legal residence — the domicile they've kept through the moves — or where the civilian spouse lives. The choice can genuinely matter, since property and support rules differ by state, so check each candidate state's rules before filing.

The money: USFSPA and the 20/20/20 rule

• The Uniformed Services Former Spouses' Protection Act (USFSPA) is the federal law that lets state courts divide military retired pay as marital property. The pension is often the largest asset in a military divorce, and dividing it takes precise order language.
• The 20/20/20 rule is a definition worth knowing: a former spouse whose marriage lasted at least 20 years, overlapping at least 20 years of the member's creditable service, keeps full TRICARE coverage and commissary and exchange privileges after the divorce. Shorter overlaps mean transitional coverage or none.
• For everyone else: a former spouse's military ID and TRICARE generally end at divorce, so plan for civilian health coverage. The children stay covered and keep their IDs.

Free help exists on base

Every branch runs legal assistance offices where servicemembers — and usually spouses — can consult an attorney about divorce at no cost, and installation staff can explain ID-card and benefit transitions. Use them; it's what they're for. CaseForward was built by a retired Navy Legalman — 22 years as a senior enlisted legal specialist — so this corner of family law is close to home.