Divorce laws are set by each state, and any couple seeking a divorce must comply with the laws of the state or states in which they reside. These requirements become more complicated when one spouse is deployed in the military. While the same state laws apply to military divorces as they do to civilian ones, federal laws grant deployed servicemembers additional protections in any civil case, including divorces.
Step 1
Review your state's laws. You can only file for divorce in a state where you meet both the residency and grounds requirements. These requirements differ broadly between states.
Step 2
Meet with a lawyer. Military divorces can be complicated by several factors. Failing to meet the legal requirements or improperly filing your claim can hurt your divorce and negatively impact your rights, so always seek qualified legal advice from an attorney in your area. Contact your state bar association or legal aid organization for assistance if you cannot afford an attorney.
Step 3
File the petition and service waiver. If you and your spouse agree to all the terms of the divorce, your spouse can file a voluntary waiver of service, essentially accepting the divorce petition's terms.
Step 4
Go to court after your spouse returns home. If your spouse does not agree to waive service or otherwise contests any part of the divorce, you cannot get a divorce until after your spouse returns from deployment. The Servicemembers Civil Relief Act, commonly known as the SCRA, prevents courts from entering any civil ruling against a deployed servicemember for a minimum of 90 days after any suit is filed. Once your spouse returns home, you must still ensure proper service of process.
