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How to File a Divorce in Your State of Residency While in the Military

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    • 1). Contact an attorney in your home state if you choose to use one. Provide him with your personal information and let him know you are stationed elsewhere with the military. Pay his retainer fee.

    • 2). Consult your local Judge Advocate General's office. Although JAG attorneys cannot represent you in a divorce case, they will advise you on which forms your state requires and how to file them. Filing for divorce while serving in the military may require you to complete extensive financial forms, especially if you are dealing with military retirement pay, child support or property division.

    • 3). Complete your state's required forms and file your paperwork through the County Clerk who has jurisdiction over your case. JAG can provide you with the appropriate addresses and filing requirements.

    • 4). Serve copies of the required forms to your spouse through registered mail or through a process server. A process server is a person who is paid to deliver legal documents and can testify in court that he has delivered them.

    • 5). Stay in contact with your local JAG office and bring them copies of any papers you receive from the civilian courts. They will help you interpret them and give you free legal advice regarding your case.

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