Being deployed is a period of separation and change. It poses several challenges for families as well as active-duty members of the military. It is a time filled with uncertainty, adjustment, and, often, a re-evaluation of personal and familial relationships. Notably, the divorce rate among military personnel is higher than among civilians. This may be because of the pressures of deployment and how long they last. They can put a tremendous amount of strain on a relationship. These factors create a unique set of challenges for military families.
How Deployments Affect Divorce Proceedings
Initiating the divorce process while a spouse is deployed creates additional legal hurdles. The Servicemembers Civil Relief Act (SCRA) protects service members against certain civil proceedings—and divorce is included in this. In other words, initiating divorce proceedings or serving divorce papers may not be as straightforward as it would be in a typical civilian divorce.
However, this does not mean that you cannot file for divorce when your spouse is deployed. Serving divorce papers requires specific steps. For example, this extends to using the military’s postal service or employing a civilian process server. Once served, the deployed spouse is typically given 60 days to respond, but extensions can be requested. Courts may also choose to postpone divorce proceedings until the deployed spouse returns.
Addressing these intricacies necessitates guidance from an experienced military divorce attorney. Such legal professionals can clarify what your rights and options are.
The Impact of These Hurdles:
Getting divorced when a spouse is deployed adds complex emotional and legal challenges. The physical distance and the demanding nature of military duties make communication and collaboration on divorce-related matters significantly harder.
Legally, the SCRA provides certain protections to deployed military personnel. This will likely affect the timeline and proceedings of a divorce case. The SCRA may allow the deployed spouse to postpone court proceedings, providing them additional time to respond to divorce papers and participate in the legal process. This is a critical aspect to consider, as it ensures that the service member’s legal rights are upheld, even in their absence.
Emotionally, both people will feel the strains of deployment. The spouse at home may experience feelings of isolation, anxiety, and uncertainty. Conversely, the deployed spouse might deal with the stress of their duties and the additional emotional burden of a pending divorce. These heightened emotions can complicate decision-making processes and interactions between spouses, making it even more essential to have legal counsel.
A balanced and careful approach is vital. It requires an attorney who understands the unique demands of military life, the legal protections in place for service members, and the emotional complexities of pursuing a divorce during deployment. The goal is to ensure the legal process proceeds fairly and the emotional well-being of both parties is considered.
How Grey Legal Group Helps Navigate Military Divorce
Grey Legal Group is committed to assisting military families through divorce. We provide support that is both understanding and comprehensive. Our attorneys are equipped with years of knowledge and practical experience. We offer a range of services to guide clients through the divorce process.
Our team is ready to assist you, from filing the necessary paperwork and serving divorce papers to negotiating settlements and court representation. We prioritize affordable and innovative solutions, working closely with our clients to overcome financial challenges and find paths forward. If you are considering a divorce during a deployment or are part of a military family facing divorce, we invite you to reach out. Schedule a consultation with Grey Legal Group today, and let us help you find the best way forward.
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