Divorce Petition Examples for Military Personnel

Explore practical examples of divorce petitions tailored for military personnel, highlighting unique considerations.
By Jamie

Understanding Divorce Petitions for Military Personnel

Divorce petitions for military personnel require careful consideration due to the unique circumstances surrounding military life. These petitions must address specific legal requirements and protections afforded to service members under the Servicemembers Civil Relief Act (SCRA). Below, we provide three practical examples of divorce petitions tailored for military personnel, illustrating different scenarios and considerations.

Example 1: Standard Divorce Petition for a Service Member

In this case, a service member stationed overseas wishes to file for divorce from their spouse. The petition needs to comply with military regulations while ensuring the spouse is properly notified.

The service member, John Doe, currently stationed at Fort Bragg, North Carolina, has decided to file a divorce petition against Jane Doe. John has been deployed for the last six months and needs to ensure that the divorce process does not interfere with his military duties.

John’s divorce petition includes the following points:

  • Parties Involved: John Doe and Jane Doe
  • Marriage Information: Married on January 15, 2015, in Dallas, Texas
  • Grounds for Divorce: Irreconcilable differences
  • Service Member’s Address: Fort Bragg, North Carolina
  • Spouse’s Address: Previously residing in San Antonio, Texas
  • Child Custody and Support: No children involved
  • Property Division: Jointly owned property in Texas

John’s petition is filed with the appropriate court in Texas, following the rules for military members to ensure compliance with the SCRA regarding service of process.

Notes:

  • The service member should ensure that their spouse is properly served with the petition, which may require using certified mail or a designated agent if they are difficult to reach.
  • Including a statement about the service member’s deployment status is crucial for the petition’s validity.

Example 2: Divorce Petition with Child Custody Considerations

This example involves a military couple with children, focusing on both the divorce petition and child custody arrangements. Mary Smith, an active-duty Navy officer, is seeking to initiate divorce proceedings against her husband, Alex Smith.

Mary is stationed at Naval Base San Diego and has two children, ages 5 and 8. The petition must address custody, visitation, and child support while accommodating Mary’s military commitments.

Mary’s divorce petition outlines the following:

  • Parties Involved: Mary Smith and Alex Smith
  • Marriage Information: Married on March 20, 2010, in Norfolk, Virginia
  • Grounds for Divorce: Emotional abandonment
  • Children: Two children, Sarah (8) and James (5)
  • Custody Arrangement: Mary will have primary custody, with Alex receiving visitation rights during weekends and holidays.
  • Child Support: Proposed support amount of $1,200 monthly
  • Property Division: Jointly owned vehicle and savings account

Mary files her petition with the appropriate family court in California, ensuring that the custody arrangements comply with the state’s guidelines and military regulations.

Notes:

  • It is vital to have a clear custody agreement in place to ensure the children’s best interests are prioritized.
  • The petition may also require a proposed parenting plan to be submitted along with it.

Example 3: Divorce Petition for a Retired Service Member

In this scenario, a retired military member is filing for divorce after retirement. Tom Johnson, a retired Army sergeant, is seeking to divorce his wife, Lisa Johnson, after 20 years of marriage and is aware of the implications of military pensions in the divorce process.

Tom has been retired for three years and now resides in Tampa, Florida. His divorce petition must address the division of his military retirement benefits as well as other assets.

Tom’s divorce petition includes:

  • Parties Involved: Tom Johnson and Lisa Johnson
  • Marriage Information: Married on June 5, 2000, in Fort Hood, Texas
  • Grounds for Divorce: Irreconcilable differences
  • Retirement Benefits: Tom’s military retirement pension to be divided according to the Uniformed Services Former Spouses’ Protection Act (USFSPA)
  • Property Division: Jointly owned home and savings account
  • Debts: Joint credit card debt to be split evenly

Tom ensures that he files the petition in Florida, considering the state’s laws on asset division and the potential impact of his military pension.

Notes:

  • Retired service members should be aware of how their pensions and benefits can be affected during divorce proceedings.
  • Consulting with a legal professional experienced in military law is advisable to navigate these complexities.