Your spouse is in the military, so they have a very demanding job. You’ve often had to move, perhaps across the country or even to different parts of the world. You’ve also had to spend time apart when your spouse was engaged in mandatory military activities or deployed somewhere far from home.
This has taken a toll on your marriage, and now you’re thinking about asking for a divorce. The problem is that your spouse is currently deployed. Are you still able to start the divorce process, or do you essentially have to wait for them to return?
They can request a 90-day stay
You can file for divorce, but under the Servicemembers Civil Relief Act (SCRA), your spouse has the right to ask for a delay in the case. Legally, this is referred to as a stay. It can pause the case for up to 90 days.
After all, there are many different steps that people need to take during divorce, which may be virtually impossible during a military deployment. You may not even be able to send your spouse the divorce summons, and they may not have the ability to respond by the deadline. If the court sets up a hearing and your spouse is out of the country, they can’t attend the hearing. They also don’t have the time to realistically address issues involved with the divorce, such as coming up with a child custody schedule or working on the division of your marital assets.
As a result, the court may grant the stay so that you can’t officially start this process until they’ve returned to the United States and can participate. You can still begin preparing for the divorce while you wait, perhaps by looking into your legal options, gathering financial documentation and taking other related steps. However, your spouse’s deployment could realistically delay the divorce process.
Navigating a divorce
All of this can make your divorce a bit more complex than if your spouse wasn’t a member of the military. That’s why it’s so important for you to understand the legal options you have at this time.
