Talking About Family Attorney Services

Can You File For Divorce While Your Spouse Is Deployed?

2 August 2016

Norman Kelly

Marriages don't always work out, but your spouse being deployed won't necessarily stop you from filing for divorce. This situation won't be ideal, but it allows you to get the legal ball rolling. Here is all you need to know about filing for divorce while your spouse is deployed with the military.

Decide Carefully Where to File for Divorce

You may be able to file where you currently reside, or you may need to do it where your spouse's permanent residence is. It's important to look at all state laws to determine the best outcome in regards to child support, property division, and spousal support. The best thing to do would be to hire a professional, knowledgeable attorney to help make this decision.

Know How to Serve Papers

For a divorce to be legal from the start, your spouse needs to be served papers. This may be through certified mail when your spouse is overseas, but it will depend on the relationship between the countries you and your spouse are in.

This doesn't mean your spouse will have to accept the papers. In some cases, divorces can be delayed by 90 days or more to give the spouse time to return home and deal with it there. The courts will want to make sure the proceedings are fair for all.

If it isn't possible to serve papers to your husband or wife, you will need to wait until his or her return to start the divorce proceedings. There is no way around this little detail.

May Get Temporary Orders

Depending on the reason for divorce proceedings, you may be able to get temporary orders against the spouse on active duty. These can only be temporary, as the court will want to give the serving spouse a chance to defend his or herself.

Permanent orders may be produced if the active member has decided to appoint a legal representative, and trusts this person will all defense and decisions. They can also be placed if the serving member originally filed for divorce to start the proceedings and then left. Details can also be dealt with through sworn statements and affidavits sent via email.

In short, it is possible to file for divorce while your spouse is deployed overseas. However, it is not going to be the easiest process and it won't necessarily speed anything up. If you can't get the papers served, you will need to wait until your spouse is back. Talk to a lawyer, like Bray & Johnson Law Firm, for more help.

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