Can a spouse file for divorce while deployed?

It can be a very difficult situation to file for divorce while deployed, but can be accomplished with the help of a knowledgeable attorney from my firm. If a service member’s spouse desires to get divorced while he or she is deployed, the procedural process is the same. There may be a number of complications along the way, however.

How does the military affect the divorce rate?

One study found that military divorce rates increase significantly each month a spouse spends away. Researchers also found that where a service member is deployed can influence their divorce. For example, if a female is deployed in an area with combat, studies reveal their marriage has a 50% chance of failing within the first five years.

Can a soldier get a divorce while overseas?

Getting a divorce from a soldier or while deployed overseas can be hard. Some things in life can wait, but divorce is not always one of them. If you’ve decided that you need a divorce from your spouse, it can feel important to get it done as soon as possible.

How do I get a divorce from a spouse overseas?

During a civilian divorce, the person who wishes to separate from their spouse files to do so. Then, the other spouse is served with divorce papers and receives a certain amount of time to respond. Just as with civilian divorce, a military divorce must be filed by the person who wants it and then the other party must be served with a notification.

Is there a high rate of divorce in the military?

Military marriages do have an unfortunately high rate of divorce because the couple is not able to be around one another as often as non-military couples. With the high levels of infidelity in military marriages, divorces while deployed are common.

Can a servicemember request an extension for a divorce?

You can request an extension of 90 days before having to respond to the petition. Many extension requests, when reviewed, are given approval. The Servicemembers Civil Relief Act (SRCA) protects service members from having to make decisions and deal with a divorce while deployed.

What happens if you divorce a narcissist husband?

Divorcing a narcissist husband who is the higher income earner means you are likely up against bullying and intimidation. This can be especially true if you have been a long time homemaker, stay at home mom or earn very little income.

Where can I get legal help for a military divorce?

However, military spouses have access to free military legal assistance services through installation legal assistance offices. In a divorce, a service member and dependent spouse will need separate attorneys to advise them to ensure both parties receive independent and confidential advice, and to avoid any conflicts of interest.

Can a military spouse file for divorce in the US?

The Uniformed Services Former Spouse Protection Act: A federal law that provides former, un-remarried spouses of military members with certain benefits, after a certain number of years of marriage. Divorce overseas: A U.S. court may not recognize a divorce filed overseas, so it’s best to file in the United States.

Can a spouse delay civil proceedings while deployed?

Having the proceedings completed while your spouse is deployed may prove a problem, however. Under the Soldiers and Sailors Civil Relief Act (act), a deployed service member is allowed to delay civil proceedings (like a contested divorce) while they are deployed.

Can a military divorce cause you financial stress?

Divorce can cause financial stress, so it’s a good idea to connect with a Military OneSource financial consultant for ways to keep your finances on track. You can also talk to a Military OneSource MilTax consultant for free to see how divorce may affect your taxes.

Is there free legal assistance for military spouses?

Military legal assistance provides free legal assistance to military service members and spouse during the divorce process, both CONUS and OCONUS. Learn more. My Military OneSource App

When did the Marine wife ask for divorce?

February 12, 2019 A photo taken by a woman and sent to her Marine husband prompted the husband to ask for divorce — after he spotted a hand sticking out from under her bed. The photo of the wife quickly went viral after it was reportedly taken by one of her husband’s friends.

Is there a law about custody during deployment?

There are a growing number of laws and cases dealing with custody jurisdiction in the event of deployment, delegated visitation rights, communications with the child during deployment, expedited hearings, and electronic evidence and testimony in court. And in a few states, there has been total inaction.

What happens to a military spouse after a divorce?

Under the 20/20/15 rule, the former spouse does not have access to the military exchange, installation privileges or commissary privileges. You may retain your identification card and continue to receive your commissary, exchange and health care benefits until your divorce is final regardless of whether you meet the 20/20/20 rule.

Can a non military parent have custody of a deployed child?

In each of these cases, the non-military parents have objected to attempts to involve the rest of the SM’s family in substitute visitation, have argued that visitation is a personal right which belongs only to the deployed parent, and have claimed that when the SM is absent there are no visitation rights available.

Why are divorce rates higher in the military?

As a result, divorce rates in the uniformed services are higher than the general population. Mobilizations, TDY (temporary duty), deployments and remote assignments can take their toll on the judges who handle custody cases, as well as the parents who are parties to the lawsuit.

Where did the uniform deployed parent visitation Act take place?

The case isIn re Marriage of Brandt, 268 P.3d 406 (Colo. 2012), decided January 23, 2012. The military mother and the daughter had lived in Maryland after the parties’ divorce; she later entered the Army Nurse Corps while living in Maryland. She and the daughter moved to Ft. Hood, Texas for a year, and then she was deployed to Iraq for six months.

What happens if a military spouse fails to pay support?

Your spouse could be punished under Article 92 of the Uniformed Code of Military Justice for a violating a lawful general regulation if he or she fails to pay support.

How to avoid going to court with your military spouse?

Voluntary allotment — Avoid going to court by asking your spouse to set up a voluntary allotment with the financial office, which will automatically distribute a set amount of your spouse’s pay to you. Since this is a voluntary process, your spouse can elect to change or stop the allotment at any time.

Can a military spouse change an involuntary allotment?

Since this is a voluntary process, your spouse can elect to change or stop the allotment at any time. Involuntary allotment — The military cannot deduct money from a service member’s pay without his or her consent, unless a civilian court orders a garnishment or involuntary allotment.

Can a judge allow my son to live with my ex?

When children get older, judges will generally give greater weight to their preferences. That doesn’t mean that a judge will rubber-stamp your son’s wish to go live with your ex, but it does make it more likely that the judge will allow your son to make his own choice. Thank you for subscribing!

What happens if child support is withheld from visitation?

In fact, it could backfire and result in you having less or no time with your children. Visitation and child support don’t have anything to do with each other from a legal standpoint, and a judge would probably come down on you hard for withholding your support. Try having a civil conversation with your ex about having more time with your kids.