Starting the Divorce Process When Your Spouse Is Deployed

Divorce and Military Deployment Questions Asked to Divorce Lawyers

Deciding to end a marriage is difficult on its own. When your spouse is deployed, it raises a set of questions that most divorces never involve.

If you are thinking about starting a divorce while your spouse is deployed, you may already be wondering:

• Are you even allowed to file while they are overseas?
• Will the case be frozen until they come home?
• How do you deliver divorce papers to someone in a combat zone?
• Can anything move forward without them?

The answer to the first question is yes. You can file for divorce while your spouse is deployed. What happens after that depends on the rules that apply to deployed servicemembers and on whether your spouse is willing to take part. Here is what you need to know before you begin.

Can You File While Your Spouse Is Deployed?

You can start the divorce process while your spouse is deployed. Filing the initial paperwork does not require your spouse to be home, or even in the country, and a deployment does not put your right to file on hold.

What a deployment affects is how quickly the case can move from start to finish. Federal law gives deployed servicemembers certain safeguards, and the practical steps of notifying your spouse and getting their participation can take longer than they would in a civilian case. Starting the process and completing it are two separate things.

What the SCRA Means for Your Divorce

The main law in play is the Servicemembers Civil Relief Act, or SCRA. It exists so that a servicemember is not forced to fight a court case while they are serving and unable to take part.

Under the SCRA, your deployed spouse can ask the court to pause, or stay, the proceedings. That stay is not automatic. Your spouse has to request it in writing, explain how their duties keep them from participating, and usually include a letter from their commanding officer. When the request is proper, the court grants a stay of at least ninety days and can extend it from there.

The SCRA also limits default judgments. If your spouse does not respond, the court cannot simply rule in your favor by default. It first has to appoint an attorney to look after your absent spouse’s interests. The purpose of these rules is fairness, making sure your spouse has a real chance to participate before any final decision.

How Do You Serve Divorce Papers on a Deployed Servicemember?

Every divorce requires formally notifying the other spouse, which is called service of process. Serving someone who is deployed can be one of the harder parts of getting started.

If your spouse is stationed somewhere in the United States, service usually works the same way it would for anyone else, through a sheriff or a private process server. If your spouse is deployed overseas, and especially in a combat zone, formal service can be difficult or impossible to complete while they are away.

There is a simpler path when the divorce is amicable. Your spouse can sign a waiver, sometimes called an acceptance or waiver of service, that acknowledges they received the divorce papers. That removes the need for formal delivery and lets the case keep moving.

Can the Divorce Move Forward, or Does It Have to Wait?

This is where your spouse’s cooperation matters most. If the two of you agree on the divorce and your spouse is willing to take part from where they are stationed, an uncontested divorce can often move forward. Your spouse can sign a waiver, participate remotely, and review and approve the agreement, all without coming home.

If your spouse does not agree, or chooses to use their SCRA rights, the case can be paused until they are able to participate. A pause does not mean the divorce is denied. It means the timeline stretches to make room for the deployment. Either way, you can have everything prepared so the case is ready to proceed the moment it can.

What About Custody, Support, and Finances During Deployment?

A deployment does not put your family’s day-to-day needs on hold, and a court can address them while the divorce is pending. You can ask for temporary orders covering child custody, a parenting schedule, child support, and the use of the home and accounts while the case is underway.

Custody deserves particular care in a military family. A workable plan has to account for the deployment itself, who cares for the children while your spouse is away, and how parenting time will work once they return or are reassigned. Setting these arrangements up thoughtfully now saves conflict later.

What You Can Do Now to Get Started

Even though the case may move in stages, there is plenty you can do right away to be ready:

• Gather your financial documents, including tax returns, pay statements with military pay, and account records.
• Write down the details of any agreement you and your spouse have already discussed.
• Note your spouse’s deployment timeline and expected return, which affects how the case is scheduled.
• Talk to a family law attorney who handles military divorces, so your filing and service are done correctly from the start.

With these in place, the divorce can move with very little delay once your spouse is able to participate.

When to Talk to a Family Law Attorney

Starting a divorce during a deployment involves both family law and the federal rules that apply to servicemembers. An attorney who handles military divorces can make sure your case is filed in the right state, that your spouse is served or signs a waiver correctly, and that the SCRA is handled the right way, so the case is not delayed or undone by a technical mistake.

Filing for divorce while your spouse is deployed is allowed, and with the right preparation it does not have to wait until they are home. Knowing how the process works lets you take the first steps with confidence.

At Melone Hatley, P.C., we are Your Partner in Divorce®, protecting your family, your finances, and your future. If you have questions about starting a divorce during a deployment, contact our team today to learn more about your options or schedule a consultation now.