Divorce is never easy, and when one spouse is a member of the military, the process involves additional legal layers at both the federal and state level. If you’re a service member (or married to one) considering divorce in Indiana, it’s important to understand how military status affects jurisdiction, benefits, property division, child custody, and more.(Divorce in Indiana)
1. Filing for Divorce in Indiana: Residency and Jurisdiction
In Indiana, a divorce may be filed in the county where either spouse resides — with one key twist for military families:
- A service member or spouse stationed on a military installation in Indiana for at least six months can meet the state’s residency requirement.
- Additionally, that person must have been stationed in the county where the divorce is filed for at least three months immediately before filing.
These rules help accommodate the mobile nature of military life.
If you are stationed elsewhere but maintain Indiana as your legal domicile, you may still be eligible to file here.
2. Federal Protections: SCRA and Timing of Proceedings
Federal law provides specific protections for military personnel:
Servicemembers Civil Relief Act (SCRA)
Under the Servicemembers Civil Relief Act, service members on active duty can request:
- Postponement (stay) of divorce proceedings that they cannot attend due to duty obligations.
- A delay of up to 90 days (or more at court discretion) after active duty ends before a divorce can proceed.
These protections ensure that military orders don’t unfairly jeopardize your legal rights.
3. Division of Military Retirement and Benefits
One of the most complex parts of a military divorce in Indiana is dividing military retirement pay and other benefits:
Military Pension as Marital Property
Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), military retirement — specifically disposable retired pay — may be treated as marital property subject to division in a divorce. The amount awarded depends on how long you were married during the period of military service.
Direct Payments: The 10/10 Rule
If your marriage and overlapping military service each lasted at least 10 years, the non-military spouse may be eligible to receive their share of retirement pay directly from the Defense Finance and Accounting Service (DFAS).
4. Property, Income, and Support Considerations
Military pay and allowances (like base pay, Basic Allowance for Housing, special duty pay, etc.) are treated as income when calculating child support and spousal maintenance. Certain non-cash benefits — such as free housing — might also be considered in support calculations under Indiana law.
In addition, VA disability benefits themselves are not divisible in a divorce, although they may be counted as income for support purposes.
5. Child Custody and Parenting Time
Military duties and deployments can make custody and visitation arrangements more complicated. Indiana law specifically prohibits using a parent’s military obligations such as deployment or relocation, as the sole basis for modifying custody. An experienced attorney may help you navigate the complexities of custody when one or more parties are in the military.
Conclusion
A military divorce in Indiana follows many of the same procedures as civilian divorces but adds layers of complexity because of federal statutes, residency considerations, retirement benefits, and deployment challenges. Whether you are an active-duty member, a reservist, or a spouse, understanding your rights and the interplay between federal and Indiana law is essential to protecting your future.
If you have questions about military divorce, contact an experienced Indiana divorce attorney to discuss your rights, options, and next steps. Dixon & Moseley, P.C. attorneys practice throughout the State of Indiana and understand when your assets and the custody of your children are at stake, you need an advocate to protect your interests. This blog post is written by Dixon & Moseley, P.C. advocates and is not intended as specific legal advice or a solicitation for services. It is an advertisement.
