The California family courts receive requests for divorce every day that they are open to the public. People file for divorce sometimes immediately following a major argument or other times after slowly losing faith in their marriages for many years. Some people intentionally time their divorce filings in a that they think may put their spouse at a disadvantage.
For example, someone who decides to divorce a spouse who is a military servicemember might wait until they leave on deployment to initiate the divorce process. They might imagine that this sneaky legal move could give them the opportunity to set their own terms and to avoid conflict.
The good news for a servicemember who just learned that their spouse has filed for divorce is that the law actually protects them while they are actively serving in the military.
Deployed servicemembers can ask for a stay
Being able to review financial disclosures, learn about state law and present counterclaims in court are all crucial for the fairness of a divorce. Someone currently serving the country as a servicemember may not have the time to educate themselves about the divorce process and their rights after the end of a marriage. In fact, they may be such a significant distance from home that they already know they cannot attend court hearings.
Thankfully, the Servicemembers Civil Relief Act of 2003 (SCRA) does not just protect a servicemember from a creditor lawsuit. It also applies in cases involving divorce proceedings. The service member can ask for a delay of the divorce proceedings until they return from their deployment. They can potentially ask for 90 days or more after they return from deployment before they must appear in family court.
In some cases, those who return from deployment are able to work through some of their marital issues with their spouses and can seek the dismissal of the divorce filing because they agree to remain married. Other times, asking for time to review the situation and reacclimate to daily life after a deployment can give a servicemember a better chance of securing a fair outcome in their divorce proceedings.
The servicemember may need representation while they remain deployed to ensure that they receive proper legal advocacy until they can be physically present in court. While servicemembers cannot prevent a divorce, they can delay divorce proceedings until they return and have the opportunity to respond appropriately.
Understanding the unique rules that apply to military divorces is important for those couples comprised of at least one servicemember. Servicemembers who know about how military divorces differ from civilian ones can push for a fair outcome at the end of a marriage.