Military service can put a strain on relationships, especially when one spouse is away on leave for extended periods. If you are serving in the military and are away on leave, you may wonder if your spouse can file for divorce during that time.
Filing for divorce while you are away
Yes, your spouse can file for divorce while you are away on military leave. Being on leave does not prevent your spouse from starting the divorce process. However, the Servicemembers Civil Relief Act (SCRA) provides some protection to military members in this situation. The SCRA allows you to request a delay in the divorce proceedings while you are on active duty or during a time when your military service affects your ability to respond to the divorce.
The SCRA helps protect active-duty military members from legal actions, including divorce, that could negatively affect them while serving. If you receive divorce papers while on military leave, you can ask the court to postpone the proceedings. The court may grant a delay if your military duties prevent you from being present or properly participating in the divorce process. This protection helps ensure that you are not at a disadvantage due to your service.
Communicating with your spouse
If you believe that your spouse might file for divorce while you are on leave, try to maintain open communication. Honest discussions can help both of you understand each other’s needs and decide on the best way to move forward. Clear communication can also help you prepare for any potential legal actions that may arise while you are away.
Returning home for proceedings
In some cases, it may be helpful to return home to handle the divorce process in person, if possible. While the SCRA offers protection, it might be better for both you and your spouse to resolve matters when you are available and can participate fully in the proceedings.
Military service can complicate the divorce process, but there are protections in place to help. Understanding your rights under the SCRA and staying informed can help you navigate a divorce while you are away on military leave.