How Does a Military Divorce Work if One Party is an Active Duty Servicemember?
The principle that we’re discussing today is the SCRA, or Servicemembers Civil Relief Act. If you have a servicemember who’s overseas, you CAN file for divorce. However, if the other party is overseas on active duty, he or she probably won’t be able to meaningfully participate in the divorce process. The SCRA isn’t automatic – it has to be invoked. The servicemember would have to invoke it with the court and it allows a delay in the process to allow the servicemember to participate. If there’s going to be a hearing of any kind, any party has the right to participate in the hearing. The delay is not going to be in filing for divorce, but simply a delay in allowing that service member to participate at a point in time where either their active duty service has ended or there is some opportunity where he or she can engage in the process and participate.
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