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Can your spouse file for divorce while you’re deployed?

On Behalf of | Jul 14, 2022 | Military Divorce

You married your high school sweetheart right before you joined the military. This was a very busy and chaotic time, and you were deployed once you were qualified to serve overseas.

All of this put some strain on your relationship, and you could tell that your new spouse was becoming a bit more distant, even when the two of you were together in the United States. Now that you are stationed overseas, you can feel that the marriage is already falling apart. Is it going to be possible for your spouse to file for divorce even though you’re still deployed?

You may be able to request an extension

Getting the request for a divorce when you’re thousands of miles away can be frustrating. You may not even be returning home for months, so how do you address a divorce that feels like it’s happening without you?

You may be able to use the Servicemembers Civil Relief Act to file for an extension. This doesn’t just apply to divorce cases but can also be used for things like foreclosures or other types of civil actions. But the court can grant you an extension – such as 90 days – so you have extra time to respond to all the divorce paperwork. You may be able to put it off until you get back to the United States. This helps you address it properly when you return and gives you peace of mind while you’re deployed.

That said, a divorce in this type of situation could be complex, so make sure you know what legal steps to take.





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