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Does active duty hamper the divorce process?

On Behalf of | Jun 16, 2021 | divorce |

When a marriage involves an active duty spouse, the family may often move to accommodate military orders. The stress and constant worry may take a toll on the marriage.

Divorce involving military spouses moves along much like those that do not. Discover what may differ in the event one spouse is an active duty service member.

Where to file?

In civilian divorce proceedings, at least one spouse must meet residency requirements to file in a state. Typically, one must live in a state for six months to a year before filing for divorce. In the case of a military divorce, however, there are more options. If the family moves from the home state, the spouses may choose the place they consider their permanent address or the state within which they currently live. This proves important since divorce laws vary from state to state. It allows a spouse to explore which state has the more favorable laws regarding such matters as property division and support payments.

What about timeframes?

The Servicemembers Civil Relief Act affords members of the military on active duty some latitude regarding court proceedings. Timeframes established by state courts within which someone must respond may extend for active-duty military. Particularly, a default judgment, including granting a divorce, does not occur as quickly if a party is on active duty. For court proceedings or hearings, a service member who cannot attend a court hearing may do so remotely or get a delay.

For the most part, a military divorce is similar to a civilian proceeding with the exceptions of the increased flexibility for timing and possible choice of venues.