Divorce is a challenging process, both emotionally and legally. It can become even more complex when one spouse serves in the military, especially during deployment. If you find yourself in a situation where you are considering divorce while your spouse is on deployment, it is vital to understand how this could impact the divorce process.
Federal law can delay the divorce process.
The Servicemembers Civil Relief Act (SCRA) is a federal law that protects active duty servicemembers. One of its provisions is to protect servicemembers from lawsuits or civil proceedings during their deployment.
This provision in the SCRA can delay your divorce. Deployed servicemembers have 90 days or more to respond to divorce papers, compared to the 30 day deadline for civilian residents of Georgia. This means that, while you can file for divorce, you will likely have to wait to move forward with the divorce process until your spouse returns from deployment.
Filing for divorce during deployment can come with other challenges.
Choosing to initiate a divorce during deployment can have significant emotional repercussions. Deployment is already a stressful time for both parties, and adding a divorce into the mix can heighten emotions and stress. This could lead to greater conflict as you move through the divorce process.
Serving divorce papers to a deployed spouse can also be logistically challenging. Depending on your situation, you might have to go through specific military channels to deliver the documents and ensure that you respect your spouse’s rights in the process.
If you want to file for divorce during your spouse’s deployment, you may want to consult with an attorney who has experience in military divorce. They can help you navigate the legal challenges of filing and understand the ways that your spouse’s service could impact the divorce process.
Filing for divorce during a deployment comes with unique challenges. However, with the right guidance, you can take the first steps toward a new, single chapter of your life even during this stressful time.