I. BEFORE DIVORCE

(1) Do I need a lawyer? It depends. Generally you should consult with an attorney at least once prior to filing for divorce, even if uncontested. If contested, you will need to hire a private family law attorney to represent you in court which can cost thousands of dollars.

(2) Where can I file? It depends, each state has its own residency requirements. Some states, though not all, credit active duty service toward the residency requirements. If you are unsure of where to file, consult with an attorney.

(3) Can we divorce in the United States even if one spouse is not a citizen? As long as one of the parties meets the specific state requirements to file, the citizenship of the spouses does not matter. If one party is a foreign national, they may have to file the U.S. divorce decree in the appropriate foreign country.

(4) Can a Legal Assistance Attorney represent me? Legal Assistance Attorneys can consult with you on divorce but cannot file paperwork or otherwise represent you in court. Consult your local Legal Assistance for additional guidance.

(5) Must my spouse and I separate prior to filing? It depends on state law. Please consult with a Legal Assistance Attorney for guidance on your state’s laws.

(6) Are legal separations and separation agreements the same? No, they are different.

Legal separation is a court order detailing how the parties will live separately though not divorced.

Separation agreements are private written agreement between the parties governing custody, family support, and property division during a separation. Importantly, a separation agreement does not on its own constitute a legal separation.

(7) Is getting a divorce expensive? Generally not if the divorce is uncontested, meaning you and your spouse agree on getting divorced and the details. Most states have filing fees ranging from $91 to $500, though you must check with the local court system to get the exact fees.

Contested cases, where you and your spouse do not agree, can be much more expensive, particularly because you may need to hire a civilian attorney. You and the attorney negotiate/agree on fees which will widely vary depending on your case and attorney.

OCONUS Divorce

(8) Can I divorce in the U.S. while stationed in Japan? Yes. You can divorce while stationed in Japan. However, you should expect to make at least one court appearance, either personally or via an attorney, in the court where you file. During the Covid-19 pandemic, some state courts have permitted virtual appearances in lieu of travelling to the court.

From Japan, the closest U.S. territory where you can get divorced is Guam. For more information on divorcing in Guam and their 7-day residency requirement, see the Guam Divorce handout

II. DURING DIVORCE

(9) Do I need a reason to get divorced? No. All states allow one or both parties to divorce without specific grounds. However, many states allow fault-based reasons, such as adultery, though proving these usually makes divorce more complex and costly.

(10) How long will it take? The time will vary widely from state to state. Specifically, there may be a mandatory period from filing to issuance of divorce decree or delays based on court availability. In some states, it is possible to complete the process in thirty one days, although this requires agreement as to every aspect of the divorce.

(11) Once I file for divorce, do I still need to support my soon-to-be ex? Active duty members have a continuing obligation to support their dependents, including while divorce is pending. Where Early Return of Dependents (ERD) is sought, you should consider the impact of the ERD on your ongoing support obligations.

(12) How are assets divided? It depends. Each state has its own laws on distributing assets upon divorce.

III. AFTER DIVORCE

(13) What paperwork should I update? If you have filed for divorce but have not received a divorce decree, DO NOT take any of these actions without consent of the court you filed with. Once the divorce is finalized, you should update health and life insurance, beneficiary designations, revise estate planning documents, and close joint bank accounts. ID card privileges for spouses of active duty Service Members will terminate upon divorce, although certain former spouses may be entitled to ongoing benefits.

(14) Will I have to pay alimony? Alimony, sometimes called spousal support, is monetary support that one spouse pays the other after divorce. It is generally not automatic and whether or not it is merited varies widely from state to state.

(15) What is child custody? Child custody is based on the “best interests of the child.” Joint custody can include both joint legal and physical custody. Sole custody means that the child will spend most of their time with the parent who makes educational, religious, and healthcare decisions on their behalf.

(16) What if our circumstances change? If circumstances change after child or spousal support are granted, you may be able to petition the court to change support amounts. Examples of changed circumstances include: child reaching the age of majority, relocating to a duty station with lower BAH, former spouse remarrying or earning more income. Consult with an attorney if you have questions about changes in circumstances.