Unfortunately, military marriages are more likely to end in divorce than traditional marriages; primarily because couples are forced to spend so much time apart. However, as common as they may be, military divorces can get pretty complicated, particularly for service members who are deployed overseas. While a military legal assistance office might be able to give out information, they are not allowed to represent your interests in court.
Where should you file for a divorce?
If you are seeking a military divorce, you will want to check into the residency laws in the state where you live. Many states, including Texas, will let military service members stationed in the state to file there even if they have no intention of remaining there for the long term. On the other hand, Colorado does not allow military service members to file for divorce in the state unless they are planning to make Colorado a permanent place. This rule doesn’t apply if their civilian spouse is filing for divorce because the spouse would only have to live there for 90 days or more.
Military divorce while deployed
If you are military service member who has been served with divorce papers while on duty overseas, you can request an additional 90 days before responding to the petition. In most cases, if you ask the judge to postpone the case until you return from deployment, the request will be honored. This is because of the Servicemember’s Civil Relief Act (SRCA). However, many military personnel will want to get things started with the divorce before they return. In this case it’s possible to hire a lawyer who can represent your interests in your absence.
It may seem a bit unsettling to think that a military divorce lawyer can represent you while you are still deployed and unable to attend the hearings and conferences. However if you communicate well with your attorney and get prepared for the journey ahead of time, getting a military divorce while deployed will be a piece of cake.