Military Divorce While Deployed Lawyer

Helping With the Difficulty of Divorce for Service Members

Have you been served with divorce papers while deployed during military service? It is not easy dealing with the emotional, physical, or logistical hardships of divorce while in another country on active duty.

There are many questions that are probably flying through your head as you wonder whether your rights will be protected. The fears that this situation stirs up can be overwhelming, especially if the situation is unexpected.

As a military divorce lawyer, I know you are in the midst of a tough situation. I can help you find peace in your divorce. Contact my firm today to discuss the situation further in a free case evaluation. 

Military marriages do have an unfortunately high rate of divorce because the couple is not able to be around one another as often as non-military couples. With the high levels of infidelity in military marriages, divorces while deployed are common.

Have You Been Served with Divorce Papers?

The fact that these divorces are common does not lessen the pain or despair of the situation. It is important to remember that you might be able to postpone your divorce until you return to the United States. You can request an extension of 90 days before having to respond to the petition. Many extension requests, when reviewed, are given approval.

The Servicemembers Civil Relief Act (SRCA) protects service members from having to make decisions and deal with a divorce while deployed. It is used to postpone civil obligations so that those in the military can give their full and undivided attention to the work at hand.

Filing for Divorce While Deployed

Military employment can be very difficult on a marriage and can also cause problems within a divorce. In order to represent the interest of the deployed individual, a power of attorney could be helpful. It can be a very difficult situation to file for divorce while deployed, but can be accomplished with the help of a knowledgeable attorney from my firm.

If a service member's spouse desires to get divorced while he or she is deployed, the procedural process is the same. There may be a number of complications along the way, however. There are additional factors that should be accounted for, including the extended length of the divorce process.

Many individuals desire to get this situation started before returning to the United States. For this reason, it is important to hire a military divorce lawyer who can protect your interests while you are deployed. You can be protected by communicating with Charles E. Willmott.

It is important to have a legal representative to help you prepare for the journey ahead, because the complexity of military divorce is not understood by typical lawyer. The wrong lawyer can compromise your rights and cause you to face an undesirable situation. If you are out of the country or state, my office can help you either over the phone or through email. I can also discuss your appearance by phone at court hearings if necessary.

Military Divorce While Deployed FAQ

How does deployment affect the divorce process?

Deployment can complicate divorce proceedings, as it may be challenging to attend court hearings or communicate effectively with legal representatives. It's essential to work with an attorney who understands military divorce and can accommodate your unique situation, ensuring that your interests are protected throughout the process.

What rights and protections do I have under the Servicemembers Civil Relief Act (SCRA)?

The SCRA provides legal protections for active-duty military personnel, including the ability to postpone court proceedings if your military duties prevent you from participating. This is especially relevant in divorce cases, as it ensures that service members are not disadvantaged due to their deployment status.

How is child custody determined if I'm deployed?

Child custody decisions in military divorces consider the best interests of the child while also accounting for the service member's deployment. Courts may grant temporary custody arrangements or adjust visitation schedules to accommodate deployment, often involving a family care plan that outlines provisions for the child's care during deployment periods.

How are child support and spousal support handled during deployment?

Child and spousal support calculations are based on the service member's pay and benefits. It’s important to provide accurate financial information to ensure fair support arrangements. Deployment can affect support obligations, and adjustments may be necessary if there are significant changes in income or living expenses.

What should I do if I receive divorce papers while deployed?

If served with divorce papers during deployment, contact your legal assistance office immediately. They can provide guidance on your rights under the SCRA, help you prepare a response, and possibly request a stay of proceedings if your deployment significantly impacts your ability to participate in the divorce process.

Why is it important to work with a military divorce attorney?

A military divorce attorney is familiar with the specific challenges and legal considerations involved in divorces during deployment. They can offer specialized advice, help navigate military regulations, and ensure that your rights and interests are adequately represented in court.

If you are in need of assistance with a military divorce while you or your spouse is deployed, contact my firm for experienced and knowledgeable legal help.