In Indiana, military service members and their spouses may file for divorce under the same rules as anyone else in the state. However, the military also allows alternatives in many cases.
Here are the options and considerations for a military family regarding divorce and jurisdiction.
FindLaw explains that according to Indiana law, there is a residency requirement of six months for one of the spouses at the time of filing. The state does have grounds for divorce, including impotence, a felony conviction or at least two years of insanity. However, the state also offers no-fault grounds based on the irretrievable breakdown of the marriage.
The state divides property equitably, meaning if the couple does not come up with a fair agreement, the judge will decide what is fair.
Military.com points out that jurisdiction for divorce in military cases may not be as cut and dried. For example, if the military moved the couple to Indiana less than six months ago, the residency restriction may not apply, and they may choose to file there. On the other hand, they may choose to file in the state where they vote, qualify for in-state tuition at educational institutions or pay state taxes because these are factors that contribute to residency requirements.
Even though another state may have divorce laws more favorable to the couple, that is not the only thing to consider. The other alternatives may be too far away to easily file, meet with legal counsel and attend court hearings. The time and expense for travel may outweigh any other benefits.