If your spouse is a member of the military, you may start thinking that you want to get a divorce while they are deployed. In fact, you may already have been thinking about divorce prior to their deployment, but you decide to take that next step while the two of you are apart.
It is possible to file for divorce even if your spouse is deployed at the time. You often have to serve them by sending the paperwork to the military base where they are stationed, such as by using an APO.
However, if you do this, it is important to note that the divorce could take longer than it would otherwise. Under the Servicemembers Civil Relief Act, military members who are involved in civil litigation, including divorce, can ask for an automatic stay if that litigation begins while they are deployed. Generally, the court will give them a stay that puts the case on pause for at least 90 days. This can significantly extend how long it takes you to actually get divorced, because your case cannot proceed during this timeframe.
Why is this done?
The SCRA grants this stay because it is difficult for military members to respond to civil litigation while they are deployed. Your spouse may not have time to consider the divorce paperwork. They may not be able to attend hearings. It can be difficult for them to gather appropriate paperwork and evidence, such as financial documentation.
By granting them the 90-day stay, the court gives them a chance to return from their deployment and address the divorce as they would if it had started while they were still stateside.
A military divorce can be complex, and this is just one reason why. Take the time to carefully look into all of your legal options as you go through the process.
