North Dakota divorce patterns in military marriages reveal unique challenges and considerations that distinguish military divorce from civilian divorce. Military families stationed in North Dakota, including those at Minot Air Force Base and Grand Forks Air Force Base, face specific legal complexities when navigating the divorce process while dealing with active duty service, deployments, and military benefits.
Military Divorce Rates and Patterns
Divorce among military families presents distinct patterns compared to civilian populations. In 2022, approximately 19,689 Active Duty service members and 7,951 Reservists divorced in the United States, translating to about 3% of married Active Duty personnel and 2.5% of married Reservists. These rates have remained relatively consistent over the past decade, ranging between 2.8-3.6% for Active Duty and 2.6-3.1% for Reservists since 2010.
While these percentages may seem modest, they're notably higher than the civilian refined divorce rate of 0.014% in 2022. Military divorce statistics reveal that active service members today are not only more likely to be married than in previous decades but also more likely to be married to fellow service members, creating dual-military marriages with their own unique dynamics.
Contributing Factors to Military Divorce
Several factors contribute to elevated divorce rates among military families. Prolonged separations due to deployments lead to emotional disconnect, loneliness, and communication challenges. Frequent relocations disrupt family stability, interrupt civilian spouse careers, and strain marital relationships. The high-stress nature of military service creates additional pressure on marriages.
When both spouses serve in the military, they must navigate dual careers alongside personal lives, balancing military demands with family needs. While dual-military marriages benefit from shared understanding and camaraderie, they also face heightened tension managing competing duty assignments and deployment schedules.
Jurisdiction and Filing Requirements
Military divorce in North Dakota involves specific jurisdictional considerations different from civilian divorce. Service members can file for divorce in North Dakota based on several connection points.
Where Military Members Can File
A military member or military spouse can file for divorce where the filing spouse resides, where the military member is stationed, or where the military member's legal residence is located. This flexibility recognizes that military families may be stationed far from their legal residence. Legal residence for military purposes differs from physical residence because service members may be stationed elsewhere than their official domicile.
Residency Requirements
The spouse starting the divorce must meet North Dakota's residency requirement. The plaintiff must be a North Dakota resident for at least six months before the district court can grant the divorce. Service members stationed in North Dakota can establish residency for divorce purposes even if they maintain legal residence elsewhere.
Servicemembers Civil Relief Act Protections
The Servicemembers Civil Relief Act (SCRA) provides critical protections for active duty military members facing legal proceedings including divorce. Federal law protects service members from lawsuits, including divorces, while deployed. Unless a service member waives these protections, divorce proceedings must be placed on hold until deployment ends.
Courts must certify that the service member's rights under SCRA were observed before granting a divorce or issuing any orders. This ensures military members aren't subjected to default judgments when unable to participate due to military service obligations. Any court order dividing military retired pay must include certification of SCRA compliance.
Property Division in Military Divorce
North Dakota is an equitable distribution state, dividing marital property fairly rather than equally. In military divorce, property division includes unique assets requiring special consideration.
Military Pensions and Retired Pay
The Uniformed Services Former Spouses' Protection Act (USFSPA) governs the division of military retired pay in divorce. Unlike typical retirement accounts, where employer contributions during marriage are divisible, military pensions follow the "10/10 rule."
The Defense Finance and Accounting Service (DFAS) will not make direct payments to a former spouse unless the couple was married for 10 years or longer, AND the service member performed at least 10 years of military service creditable toward retirement during the marriage. This "10/10 rule" determines whether the former spouse can receive direct payment from DFAS rather than depending on the service member to make payments.
State courts have the authority to divide military retired pay as property if they have jurisdiction over the service member. The division can range from nothing to a maximum of 50% of disposable retired pay. Direct payment of retired pay as property through DFAS requires that the marriage lasted at least 10 years, overlapping with 10 years of creditable service.
Disposable vs. Gross Retired Pay
Understanding the difference between disposable retired pay and gross retired pay is crucial. Disposable retired pay excludes obligations to the United States including court-martial fines, amounts deducted for Survivor Benefit Plan premiums, and amounts received as disability pay. If only disposable retired pay is divided, the former spouse may receive less than anticipated.
Service members eligible for disability compensation can reduce their taxable military pension, which decreases the share available to the former spouse. Careful drafting of settlement agreements with reimbursement clauses can protect the former spouse from losses due to disability compensation elections.
Child Custody and Support for Military Families
Many myths surround child custody and military parents, including the false belief that military parents cannot have primary residential responsibility. This is simply untrue. North Dakota law requires custody determinations based on the child's best interests, with military service being just one factor among many.
Custody Considerations for Military Parents
Military parents developing custody plans should consider the child's age, what happens during deployments, reintegration after deployment, visitation schedules if the service member transfers to another state or country, and flexibility to accommodate military job demands. Custody plans should think beyond current circumstances to address changing military assignments and children's developmental stages.
Custody plans can be modified based on changed circumstances, including the child's age, new job assignments for either parent, remarriage, or other criteria North Dakota permits. Military families benefit from developing flexible parenting plans that accommodate military life's unpredictability while prioritizing children's stability.
Child Support in Military Divorce
Federal and state laws impose financial support responsibilities on both parents. Child support calculations in North Dakota use state guidelines considering the number of children, special needs, parenting time arrangements, and shared custody situations. Military income, including base pay, allowances, and special pay, factors into support calculations.
If no court order exists, each military Service has regulations requiring service members to provide "adequate support" to family members. Family support guidelines vary by Service, and help reduce financial strain until a child support order is finalized. Garnishment orders directing DFAS to deduct child support directly from military paychecks can be enforced once properly served on DFAS.
Spousal Support Considerations
Spousal support (alimony) in military divorce follows North Dakota's equitable distribution principles while incorporating military-specific factors.
Enforcement of Spousal Support
Spousal support may be enforced through court order, garnishment, or voluntary or involuntary allotment in military circumstances. Direct payments can include an additional 15% beyond the 50% property division maximum, totaling up to 65% of disposable retired pay when combined with child support or alimony.
North Dakota judges consider standard factors, including marriage length, earning ability, age, health, and conduct during marriage. For military families, additional considerations include the impact of frequent relocations on the civilian spouse's career, sacrifices made to support the service member's military career, and the military spouse's future earning potential after retirement from service.
Military Benefits and Former Spouse Protections
Military divorce affects access to various military benefits depending on the length of marriage and overlap with military service.
20/20/20 Rule
An unmarried former spouse qualifies for continued medical benefits and commissary/exchange privileges if the parties were married for at least 20 years, the service member performed at least 20 years of creditable service, and there's at least 20 years of overlap of marriage and military service. These "20/20/20" spouses retain full benefits access.
20/20/15 Rule
Former spouses meeting the "20/20/15" criteria qualify for one year of transitional medical benefits. This requires 20 years of marriage, 20 years of creditable service, but only 15 years overlap. These spouses don't qualify for commissary, exchange, or MWR privileges.
Survivor Benefit Plan
State courts can order service members to participate in the Survivor Benefit Plan (SBP) with the former spouse designated as beneficiary. SBP provides 55% of selected base amount to beneficiaries after the service member's death. When designated in court orders, service members cannot change SBP beneficiaries without written concurrence from the former spouse.
Former spouses who remarry before age 55 lose SBP eligibility, though eligibility is reinstated if the remarriage terminates. Remarriage after age 55 doesn't terminate SBP eligibility. Former spouses should submit requests for SBP coverage to DFAS within one year of the court order.
Uncontested vs. Contested Military Divorce
Military divorce can proceed as uncontested or contested, similar to civilian divorce but with military-specific considerations.
Uncontested Military Divorce
When both spouses agree on all terms including property division, child custody, child support, and spousal support, they can file an uncontested divorce. Military couples benefit from collaborative approaches that keep decision-making in their hands rather than leaving it to judges unfamiliar with military life's unique demands.
Pursuing settlement through negotiation or mediation typically produces better outcomes for military families than litigation. Settlement allows couples to address military-specific issues like deployment custody provisions, communication plans during separations, and benefit divisions in ways that work for their unique circumstances.
Contested Military Divorce
When military spouses cannot agree, a contested divorce requires court intervention. Contested military divorce involves additional complexities, including proper service of process on deployed service members, SCRA compliance, jurisdiction determinations when spouses live in different states, and evidence presentation about military income and benefits.
Military families facing contested divorce benefit from working with family law attorneys experienced in military divorce who understand both North Dakota family law and federal military regulations affecting divorce.
Filing Fees and Costs
North Dakota divorce filing fees are approximately $80 for military and civilian divorces alike. If unable to afford filing fees, either spouse can request a fee waiver by filing a Petition for Order Waiving Fees. Military Legal Assistance Offices may guide divorce procedures, though they typically cannot represent service members in divorce proceedings.
Uncontested divorces cost significantly less than contested divorces because they resolve more quickly with less attorney time required. Military families pursuing an uncontested divorce through settlement save money while maintaining control over outcomes affecting their families.
Support Resources for Military Families
Military families navigating divorce have access to specific support resources addressing their unique needs.
Military OneSource
Military OneSource provides free counseling, legal consultation, financial planning, and family support services for service members and families. Resources include information about divorce procedures, access to counselors, and referrals to local family law attorneys.
Family Support Programs
Each military branch offers family support programs providing counseling, educational resources, and assistance navigating family challenges, including separation and divorce. These programs help military spouses understand their rights, access resources, and plan for post-divorce transitions.
Legal Assistance
Military Legal Assistance Offices provide general legal information and guidance on family law matters, though they cannot represent service members in divorce proceedings against their spouses. Family law attorneys experienced with military divorce provide essential representation protecting rights and interests.
North Dakota divorce patterns in military marriages reflect the unique challenges military families face, including deployment separations, frequent relocations, complex benefit divisions, and jurisdictional complications. Military members and military spouses navigating divorce must understand federal laws like USFSPA and SCRA alongside North Dakota family law governing property division, child custody, child support, and spousal support. Working with experienced family law attorneys familiar with military divorce ensures service members and their families receive proper guidance through the divorce process, protecting military pensions, establishing appropriate financial support arrangements, and creating custody plans accommodating military service demands while prioritizing children's best interests. Whether pursuing an uncontested divorce through collaborative settlement or managing a contested divorce requiring court intervention, military families deserve compassionate legal representation understanding both their sacrifices and their rights.