You were already considering ending your marriage when your spouse was still in the United States. However, they are a member of the U.S. military and were recently deployed. After their deployment, you realized you definitely wanted to file for divorce.
That said, you recognize that some of the typical steps in the divorce process may be impossible. For instance, you may not be able to serve the divorce papers because your spouse is overseas. Depending on the nature of their service, you might not even know their exact location or how to contact them. Is it still possible to proceed with the divorce?
Your spouse can request a stay
It is possible to file for divorce, but the process may take longer. Under the Servicemembers Civil Relief Act (SCRA), your spouse has the right to request a stay of the divorce proceedings. This effectively pauses the case, typically for around 90 days.
Courts recognize that divorce is a serious legal process requiring a spouse to take specific steps, such as responding to the summons, attending court hearings and consulting with their attorney. These steps can be nearly impossible to fulfill while someone is deployed, so the stay gives your spouse time to address the case after returning to the U.S.
Making the most of this time
If you’re committed to proceeding with the divorce, there are steps you can take while waiting for your spouse’s deployment to end. For example, you can:
- Gather financial documents to prepare for marital property division.
- Research and consider different parenting plans to propose during custody discussions.
- Meet with your attorney to strategize and prepare.
Divorcing a military service member may create unique challenges, but is possible. Take this time to explore all the legal options available to you while preparing for the next steps.
