Military divorces are similar to typical divorces, but there are a few exceptions in terms of the divorce’s timeline and rules. In military divorces, there is a chance that at least one of the two people seeking divorce will be deployed at a distance that makes it impossible or difficult for them to make it to hearings, meetings and to make other necessary steps forward in the divorce.
The Servicemembers Civil Relief Act is an essential protection for service members. It allows service members to ask for a stay, which is a temporary halt in the proceedings of the case, while they are on active duty or within 90 days of their release from active duty. The court has the opportunity to deny or accept this request, but most applications will be approved to give the service members time to come to court and make their voices heard.
Military members are afforded protections against penalties for not being able to come to court as a way of saying thank you for their time spent defending the country. Since they are focused on that, the court will temporarily halt the case and any judgments against them until they are capable of coming to court.
Our website has more information on what to do if you’d like to apply for a stay or have other concerns related to your military divorce. As a service member, it is vital that you have the opportunity to be present in court when your divorce is taking place, and planning for your deployment and time away can help you make that happen.