Protect Your Rights During A Military Divorce

Being married to someone who is serving in the military can be challenging. Some members of the military are deployed for long periods of time, while others may exhibit behavioral changes after a deployment has ended. The additional stress of a military marriage can cause spouses to grow apart. When this happens, divorce is often the answer.

The military views divorce as a private civil matter and will not usually get involved. It's important that you know your rights as a non-military spouse so that you can protect these rights throughout the divorce process.

Legal Advice

All military personnel and their spouses are entitled to receive free legal advice at the local JAG office. This advice can be helpful in allowing you to determine where you should stand on important issues like child support, custody, and visitation.

Keep in mind that the JAG attorney cannot represent you in court or file documents on your behalf, but he or she can help make it easier to file a divorce case pro se if you are trying to save some money.

ID Badges

Members of the military and their family members are issued special identification badges that provide access to certain privileges. A military ID is required to enter an Army post or an Air Force base. You will need to utilize your military ID to shop at the local PX.

You are entitled to keep your ID badge until the military says otherwise. Just because your spouse is listed as a military "sponsor" on your ID badge application forms doesn't mean that he or she has the power to take your ID from you. Only Congress has that authority.


Many military families take advantage of the free housing offered on-base by the government. If you are living on-base and your marriage deteriorates to the point where a physical separation is required, don't let your spouse kick you out of your home.

The military will usually step in and have the military spouse move out of the home and into the barracks until the divorce is finalized. Remaining in your home can help you alleviate some of the stress associated with going through a military divorce.

Military divorces are governed by many different rules and regulations. You must be aware of your rights so that you can protect them throughout the divorce proceedings. Work with a military divorce lawyer, such as Karen Robins Carnegie PLC, to protect your rights in the future.