Divorce During Deployment: Your Rights & Options
If you’re in the military and considering divorce while deployed, you probably have questions like:
– Can I even start the process from overseas?
– Will deployment delay my divorce?
– What legal protections do I have?
The short answer? Yes, you can file for divorce while deployed—but there are special rules to protect service members. Here’s what you need to know.
1. The Servicemembers Civil Relief Act (SCRA) Protects You
The SCRA prevents courts from finalizing a divorce without your participation if you’re on active duty. Key protections include:
Automatic Stay (Delay): If you’re deployed, the court must postpone proceedings for at least 90 days (and possibly longer).
No Default Judgments: Your spouse can’t get a divorce by default if you can’t respond due to military duties.
2. How to File for Divorce While Overseas
You have a few options:
– File in Your Home State – If you’re stationed elsewhere but maintain residency (e.g., California), you can file there.
– Hire a Lawyer to Represent You – A military divorce attorney can handle paperwork and court appearances for you.
– Request Leave (If Possible) – Some service members take emergency leave to handle legal matters.
3. Challenges You Might Face
– Slow Communication – Time zones and limited internet access can delay paperwork.
– Proving Residency – Some states require you to be physically present to file.
– Child Custody Complications – Deployment can impact custody decisions.
4. What Happens After You Return?
If a divorce was filed while you were deployed, you may have the right to reopen the case if you weren’t properly notified.
Need Help? We Specialize in Military Divorces
At Hayat Family Law, we help service members navigate divorce during deployment. Contact us for a free consultation.
