What are the jurisdictional issues for filing for a military divorce?

Divorce is a civil action and is typically handled by state courts. However, for service members of the military, jurisdictional issues for a military divorce may vary depending on their home of record, the jurisdiction of residence of the married couple, or the laws of the state where the service member is stationed. In order to determine the state court that has jurisdiction to grant a divorce, one needs to consider the service member’s home of record, or the state they officially list as their primary residence. The court in that state typically has jurisdiction to grant the divorce, unless the service member has moved to another state or is stationed in a foreign country. In the former situation, the state court of the service member’s new residence will have jurisdiction if both parties agree to it. In the latter situation, the court of the state the service member is assigned to would handle the divorce. In Washington state, the court of the county where either the petitioner or the respondent resides has jurisdiction to grant the divorce. The state of Washington also allows service members to obtain an expedited divorce if they file a military affidavit, stating that they are in the military. This allows service members to more quickly obtain a divorce in Washington state. There are also additional resources available for military personnel who plan to divorce in Washington state. The military has specific legal assistance programs to help service members understand the divorce process and how the laws of Washington state may affect the divorce.

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