Military divorces happen at all stages of marriage, from long 20-year marriages to couples married just before deployment overseas in Germany, Korea or Afghanistan. It is important to note that, the military does not grant divorce. State courts grant divorces to persons who are in the military and it’s better to think of military divorces as divorces involving military personnel. As such, international law could become relevant factor when divorcing a military member who is overseas. This is particularly true if the country has signed the Hague Convention. The Hague Convention covers service of process abroad and may apply in some child custody disputes.
- A child is taken, or retained across an international border,
- The place where the child is being held is away from the child’s habitual residence,
- The child was removed without the consent of the custodial parent; and
- The custodial parent has custody according to the law of the child’s habitual residence.