What are the eligibility requirements for filing for military divorce?

In Virginia, anyone who is an active duty service member or a retired service member of the United States military may be eligible to file for a military divorce. If either spouse is in the military, the divorce may be classified as a “military divorce” and is subject to different laws. The court must have jurisdiction over the service member in order to proceed with the divorce. To establish jurisdiction, the service member must have been a resident of the state for at least six months before filing for the divorce. If the service member is not a Virginia resident, then the other spouse must be a Virginia resident at the time of filing. In addition to establishing jurisdiction, the court must have personal jurisdiction over the service member. This means that the service member must be physically present in the state at the time of the divorce. The service member will also need to provide proof of eligibility, such as military orders or a personnel file. Additionally, the service member must provide financial documents, such as the Leave and Earnings Statement, to be eligible for a military divorce. Finally, the service member must have been married for at least one year before being eligible for a military divorce. This requirement may be waived if there are extenuating circumstances, such as adultery or cruelty. In summary, in order to qualify for a military divorce in Virginia, the service member must be a Virginia resident for at least six months, have personal jurisdiction over the service member, provide military orders or personnel file, provide financial documents and have been married for at least one year.

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What are the eligibility requirements for filing for military divorce?

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