Military Divorce – Albuquerque, NM

Military divorce is not a specific legal term, but it does describe a divorce between a civilian and a spouse that is in the armed forces or retired military.  The couple has to adhere to the same divorce process that any other couple does, but there may be more leniency relating to residency requirements and the couple has options as to which state they chose to file papers in.  They can file documents in the state the military member is stationed in, the state that the military member claims residency in, or the state that the non-military spouse resides. The couple must abide by the laws and regulations that apply in the state where they chose to file documents. In short, you or your spouse must either have Albuquerque residency, or be stationed in New Mexico.

The Service Members Civil Relief Act is a provision that allows the court to push back any legal proceedings while the serviceman is on active duty so they can focus on responsibilities and on defending the nation. Military divorces involve not only New Mexico state laws but also Federal Laws that protect the service member and establish how pensions are divided.

If you are an enlisted member of the military, or if you are married to someone enlisted, and you are considering divorce, don’t hesitate to speak with a family law attorney.  Contact a divorce attorney directly by calling 800.783.1877 or complete the form on this website for a FREE consultation with an Albuquerque, NM divorce lawyer near you, who may be able to help you stand up for yourself and protect your rights.