If you deploy with the military, learning that your spouse at home has filed for divorce can add tremendous stress. In Kentucky, you and your spouse must be formally separated for a year before you or your partner can file for divorce. This separation may start while you are on deployment.
Though state laws govern divorce, certain federal laws and military regulations exist to help service members protect their rights while on active duty. The Servicemembers Civil Relief Act includes protections that can help during civil court matters like divorce.
Requesting a delay in divorce proceedings
Under the SCRA, deployed service members can request a 90-day delay in the divorce proceeding because of military deployment and the military automatically entitles service members to this delay. After this period is over, a military judge or magistrate can grant a further 90-day delay upon request, according to Military OneSource. In some cases, deployed military members can request and receive a postponement until their deployment is over.
Other resources for members of the military
Under the Department of Defense, the military also offers deployed military members personal and financial counseling that may be helpful for deployed service members when their spouse files for divorce. Though military counsel cannot represent service members in a family law court, a judge advocate can recommend a civilian lawyer in the appropriate home state.
Divorce complications due to deployment
Deployment can complicate the already complicated process of divorce. Married members of the military who worry about the possibility of divorce proceedings during deployment may benefit from knowing about SCRA protections and additional services the military offers to support deployed service members.
