Can I File for Divorce While My Spouse Is Away on Active Duty?

There are many tough decisions in life. Getting married may not be a tough decision, but making the decision to divorce certainly can be. Marriage isn’t always easy. It can be especially challenging for those who are in the military. Regular paychecks and health care are perks for those in the military but the amount of time spent apart can be a big stressor in the marriage.

When people want to divorce their spouse, they may not want to wait to file. For civilian couples, as long as they have met the residency requirements, they can file anytime they want. Since military members have the duty of defending the country and need to be focused while doing so, things work a bit differently for their divorces.

For those who are married to a service member, they must wait until 60 days after their spouse has returned home from active duty to file for divorce. This can be helpful for couples needing time to figure out if divorce is the best option as they will have more time to make this tough decision. However, for the couples who have already decided that the divorce should happen, waiting may seem unfair.

After your spouse returns home from active-duty and you have waited the 60 days, you can file for divorce if the two of you still feel it is necessary. Military divorces are different from civilian divorces, so it is understandable for people to need assistance and have questions and concerns about the process. Like most divorces and other legal matters, hiring an attorney may be wise as they can help with the divorce process.

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