If your spouse is a member of the United States military, you can still file for divorce. A military divorce can be complex in some ways, especially when addressing certain benefits, and it can also have a bit of an extended timeframe. Divorce may take longer, even though it is still possible.
One key distinction is if your spouse is an active-duty service member. In most cases, the Servicemembers Civil Relief Act (SCRA) puts an automatic stay on civil litigation, such as a divorce case. If your spouse has been deployed or is on active duty, you are essentially not able to start the divorce process. The court can also allow for an extended period of up to 80 days to delay the case after they return from active duty.
In other words, although you can still file for divorce while your spouse is deployed, the process may not even start until roughly two months after they return to the United States.
Why is this done?
The law is set up this way so that military service members do not have to focus on two things at once. If they are on active duty, they need to be able to focus on their responsibilities for the military, not any type of litigation happening at home.
Additionally, they simply may be unable to engage with something like divorce while deployed. They will not be able to attend hearings, talk to their lawyer, file any type of documentation, gather financial information and much more. The automatic stay allows them to return home so that they can be an active part of the divorce case.
If you are thinking of filing for divorce this year, just be sure you know what legal steps you need to take.