Because legal separation and divorce proceedings go through the civil court system, someone who is actively involved in the military and wants to legally separate from a husband or wife will have to go through nearly the same proceedings that any civilian wishing to dissolve a marriage will have go through. However, there are additional rules involved if one of the parties is employed by the Air Force, Marines, Navy or Army.
Filing for Separation
To begin the process of a legal separation, at least one involved party must petition the court located in their jurisdiction. The separation becomes legal once the court issues a separation order. According to the Soldiers and Sailors Civil Relief Act, an active duty military member is protected from having to appear in court or respond to a petition when a legal separation is applied for. These rules state that if, while a soldier is completing active duty military service, his spouse applies for a legal separation, the court is required to put the petition on hold until the spouse comes back from active duty. The military member can also request an extra 60 days after returning, but it is ultimately up to the court whether or not to allow an extension.
Protection From Default
While a military member on active duty is serving at a duty station, she is not required to make any court appearances, according to the Service Members Civil Relief Act. Under this Act, the soldier can also not be held in default for not appearing before the court. This ultimately means that if the spouse of a serviceman files for divorce while the serviceman is stationed elsewhere, the spouse if protected from losses by default.
Separation Agreement
Before a divorce can be completed, most courts require that either an informal or formal separation take place. According to the Uniformed Services Former Spouses' Protection Act, when one or both spouses seek a legal separation, any issues regarding the division of property and income, child custody and child support must be decided by a judge in a court of law with the assistance of legal counsel. Once all of the terms have been ordered by the judge, they become a permanent part of the legal separation agreement.
