If you are a servicemember abroad or a non-military spouse you can file for divorce, but there will likely be unique challenges involved. Consult an attorney immediately to understand your rights and how to preserve them. This article will discuss how to get a divorce in the military and while deployed.
You Can File for Divorce If You or Your Spouse Are Deployed
Sometimes, divorce can’t wait. If you are a civilian spouse stateside or a deployed military spouse, you can initiate a divorce during deployment. There is nothing preventing you from starting the process. However, deployment and military service may create added challenges and delays.
If you are considering starting a divorce during a spouse’s deployment, start collecting relevant documentation (tax forms, bank account information, child expenses, etc.) and thinking through what you want from the divorce. It is also wise to contact an attorney to help you understand the various state and federal laws that will undoubtedly impact your divorce process.
Where to File for Divorce
For civilians, determining where to file for divorce is fairly straightforward—you file in the state where you live. For servicemembers and their families, it is more difficult to know where to file for divorce given how often they move because of their service. If newly stationed in a new location, they might not have lived there long enough to meet residency requirements. For example, in Florida, you or your spouse must have lived in the state for at least six months before filing for divorce.
Military families are usually offered exceptions to residency requirements. Laws allow servicemembers and their spouses to file for divorce in:
- The state where the service member claims legal residency,
- The state where the service member is currently stationed,
- The state where the couple last lived together as a married couple, or
- The state where the property is owned.
Usually, it is best to file in the state where you or your spouse have the most substantial ties. Proof of strong ties may include where the person is registered to vote, owns a home, pays state income tax, and what address is on legal documents.
It is usually not recommended that either spouse file for divorce in a foreign country. The United States may not recognize the foreign divorce action or the military may not honor a pension division from a foreign country. Also, different states have different laws related to divorce and property division. The state you file in will govern your divorce. An experienced attorney at Beller Law, PL can help you determine the best jurisdiction to file in, whether you are the non-military spouse or the deployed servicemember spouse.
Laws Protecting Servicemembers
Federal laws, such as the Federal Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouse Protection Act (USFSP), protect servicemembers.
The SCRA ensures military personnel do not have to face civil lawsuits while they are deployed. It can be impractical or impossible for a servicemember to prepare legal filings or appear in court while deployed. The law also protects active-duty members from having default judgments entered against them if they cannot appear in court because of their military service.
With the help of an attorney, a servicemember can utilize the SCRA to “stay” (delay) legal proceedings. Civil actions can be delayed for at least 90 days if the servicemember cannot present their defense due to their military duties. The 90 days may be extended depending on the circumstances.
Based on these legal protections, the process will likely be delayed even if you initiate the divorce filings during deployment. You may have to wait until the active-duty spouse returns home and can direct their attention toward the matter. It might be best to wait until the military spouse returns home to begin divorce proceedings unless the servicemember agrees to participate remotely. The process can move forward if the spouse agrees to participate in the divorce proceedings remotely while deployed. Other delays may nonetheless arise due to military service requirements.
Serving a Deployed Military Spouse with Divorce Papers
Under the SCRA, the deployed spouse must be notified of the divorce proceedings and given time to respond. The divorce papers must be served by someone not involved in the case and authorized to serve legal documents. The document server must also provide an affidavit noting the deployed spouse is currently serving, where they are located, and if they can respond to the proceedings.
It might be nearly impossible to serve an active-duty spouse. Knowing where the military spouse is stationed is often difficult because the information is classified or security risks are involved. Additionally, you may be able to seek the help of the spouse’s commanding officer to help serve papers, but they are not required to do so.
The easiest way to achieve serving your military spouse is if they agree to accept service. And even then, they may be able to put the proceedings on hold under the SCRA.
Beller Law PL Can Help You Navigate How to Get a Divorce While in the Military
Military divorces have more nuances and complications than most civilian divorces. You need an attorney who knows both state divorce law and federal military law. If you have been served divorce papers while on deployment, or you want to serve papers on your deployed spouse, hire a skilled military divorce attorney. While the military may provide some form of legal assistance, obtaining your own legal counsel is critical to help protect your rights and navigate the complexities of your case. Your attorney can also do much of the necessary groundwork for your divorce while the deployment is underway.
Attorney Rebeccah Beller has been practicing law for nearly 30 years and has focused much of her work on family law. Rebeccah is an experienced litigator who is knowledgeable about the divorce process for military members. Being deployed is hard on both spouses, and Rebeccah aims to make the divorce process as smooth as possible during this time. She will help explain the process, the documents you must collect, the implications of state and federal laws, and strategies for protecting your rights. Rebeccah will advocate for you and advance your best interests. Contact us today to learn how Rebeccah can help you with how to get a divorce in the military.