People who serve in the military make many sacrifices as part of their service. They leave their homes and families for training and deployment. They put themselves at physical and emotional risk because of their job responsibilities. They also accept employment arrangements that can strain their closest relationships due to distance, trauma and secrecy.
The stress of military service can sometimes damage marital relationships. Service members may end up divorcing during active duty or training. The service member may not be the one who files. Instead, their spouse may decide to end the marriage. Many service members fear the idea that a spouse might file while they are abroad or otherwise unreachable, leaving them at a major disadvantage during the divorce process.
Do service members have to worry about their spouses initiating divorce while they are serving on deployment or training in a secluded area?
Service members have legal protection
Divorce statutes technically allow the filing party to request a divorce by default if the other spouse doesn’t respond to their petition in a timely fashion. Someone deployed may not be able to communicate with their spouse or the courts before that default date passes. Without legal protection, service members might face unfair divorce proceedings.
Thankfully, there are federal laws in place that protect service members from malicious mid-deployment filings. Under the Servicemembers Civil Relief Act, service members have the option of delaying divorce when they are not available because of their service. The law does not affect the terms of the divorce, but it does protect service members from unfair outcomes due to an inability to respond or attend hearings.
Both training and deployment can make a service member eligible for delayed divorce proceedings. In theory, they can ask to halt the process until they return from training or active duty.
Service members anticipating divorce may need help learning about the rules that apply and the legal protections established to prevent unfair situations. Discussing a potential upcoming military divorce with a skilled legal team can help service members push for the best outcome regardless of when their spouses decide to file.
