How Does Active-duty Affect the Divorce Process?

There are several things that can affect the process of divorce, whether it be the divorce of civilians or military divorce. Both types of divorce have similarities, but with military divorce there are rules and laws that members of the military and spouses should follow if they want their divorce to be granted. Active duty is one thing that can affect the divorce proceedings and how long it will take the divorce to be granted.

If a service member or the member’s spouse wishes to file for divorce, they must wait until the member is no longer on active duty. The courts can also put the filing of the divorce on hold for another 60 days after active duty if they feel it is necessary. The reason for this wait is because of the Service members Civil Relief Act, which says members of the military cannot begin the divorce process or be sued while away for active duty because it may interfere with them devoting their energy and time to fighting for the nation.

When active duty has ended or the 60 days have passed, the service member or their current spouse may begin filing for divorce. Waiting for active duty to end is just one of the requirements that service members must meet if they want to have their divorce granted. There are actually a few things that need to be done prior to filing for the divorce, so it is important that people become familiar with the laws for military divorce.

Should you or your spouse choose to move forward with a divorce and one or both of you are members of the military, a divorce attorney may be able to assist you with the process. With there being special laws and rules to follow, consulting with an attorney may help clear up any confusion about military divorces.

Related Posts
  • How Do I File to Get My Share of Military Retirement Benefits? Read More
  • There Are Many Ways to Stay Close to Your Child While Deployed Read More
  • Employment Opportunities Limited for Military Spouses Read More