Military Law and Divorce

If you are service member or a spouse of a service member, your divorce process may be affected by laws that have been passed to protect soldiers who are abroad such as the Soldiers and Sailors Civil Relief Act of 1940. This law provides a number of protections unrelated to the divorce process, such as an interest rate cap for service members who whose ability to pay their debts has been materially affected by their being called to active duty. The provision that affects the divorce process most heavily is the one that affords the service member a right to request a delay in civil proceedings if they can show that their military responsibilities prevent them from properly representing themselves. Since a divorce is a civil proceeding, this provision is often invoked by service members who are on a long-term deployment or stationed abroad when their spouses file for divorce. When this provision is invoked, the proceedings are stayed.

Military members generally have access to a legal assistance office even when deployed or in combat. A service member can also retain outside legal counsel who can work with the military legal assistance office to invoke his or her right to request a stay under the Soldiers and Sailors Civil Relief Act. Spouses who are separated from a service member may have to wait until after the service member returns from deployment to request relief from the court. Instead, the spouse may need to work with the commanding officer to obtain financial assistance. Each branch of the armed services has a formula by which they determine the amount of support a separated spouse should receive in the absence of a court order. At times, the assistance of outside counsel can offer reprieve from having to contact the estranged spouses commanding officer directly. In short, non-military counsel can offer assistance to service members needing to invoke their rights under the Soldiers and Sailors Civil Relief Act and spouses who need assistance obtaining financial support during a stay of the proceedings.