Military Divorce

When you are a civilian who has decided to file for a divorce in the state of Oklahoma there can be a number of challenges to address, but residency is usually not going to be one of them. People who are in the military, however, do have an added layer of legal intricacy to maneuver largely due to the transient mature of military service.

Many service people are stationed somewhere that they don’t consider to be their homes, and of course there are countless folks who call Oklahoma home that are living elsewhere while serving our country. To add to the challenge of residency many married couples live apart for significant periods of time when one or both parties are serving in the armed forces.

You can find the divorce residency requirements in Title 43, Sections 102 and 103 of the Oklahoma Statues. It is clearly stated therein that any military service member who is stationed in Oklahoma for a period of at least six months may file for divorce in the state or be served with a petition for divorce.

This is the state law, but on the federal level the Servicemembers Civil Relief Act of 2003 can impact divorce actions. Provisions within this act preclude people who are serving on active duty from having to respond to civil actions until they are discharged. Due to this act you may not have to address a divorce petition while you are still in the military.

The transient nature of military service can also play a role in family law issues. Let’s say that Monica and Jeff are divorced. Monica is in the service and she has custody of the children. Jeff has been discharged and is a now civilian and he is paying Monica child support. Monica is called up for overseas deployment and can’t take the children, so she voluntarily surrenders custody to Jeff. Does she automatically regain custody upon her return? These are the types of questions that arise when members of the armed forces go through a divorce.

For legal advice about military divorce and related family issues involving the military, contact a Lawton OK family attorney to arrange for a free consultation.