If you are a member of the military and you and your spouse have discussed divorce, it is important to consider the intersection between the two. There are some significant ways that being a military member can actually affect how a divorce plays out, along with the post-divorce agreements that you and your ex sign.
First and foremost, the Servicemembers Civil Relief Act can sometimes delay divorce proceedings. As a member of the military, it may be difficult for you to respond to a divorce petition, attend hearings and take other legal steps due to your service to the country. You can often request a 90-day stay, which can sometimes be extended, if necessary. This pauses the divorce case and gives you additional time to respond.
Child custody issues
The SCRA is often used when a military member is deployed and their spouse files for divorce. The automatic stay can help put the divorce on hold until they return to the United States.
But deployment can also affect future child custody issues.
This is not to say that a military member cannot get custody of their children. But many civilians will have a simple schedule, such as exchanging the children every other week. If a military member is deployed for a significant amount of time—the average is between six and 12 months—it could be impossible for them to have this type of custody schedule.
As such, you and your ex may have to find an alternative custody schedule that allows you to have visitation rights or even custody of the children on a flexible schedule that applies when you are home.
A military divorce can be complicated, and that is why it is so important for you to understand exactly what legal options you have.
