Maggio Law Firm, PC

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How does active duty impact a military divorce?

Military members sacrifice so much for their country. Being on active deployment can be the toughest time for military members and their families. This is because active deployment is usually characterized as a period of time when the military member is way from their family. If you and your spouse are involved in the military, you might wonder how active deployment could impact divorce proceedings.

The answer is, it depends. Under the Servicemembers Civil Relief Act, a military member can postpone or suspend certain civil actions while mobilized or deployed for active duty. It covers all military service members from the date they enter active duty through 30 to 90 days after active duty date of discharge. Some people choose to continue with divorce proceedings during active duty deployment, but others would prefer to wait until they are discharged from active duty.

If you are the spouse who is not a military member, you may want to continue with divorce proceedings. However, it is within the service member's rights to ask for postponement of these divorce proceedings until active duty is completed. They may need to provide proof of active deployment to have the temporary hold put on proceedings. While it may be a bit trickier, it is possible to continue with divorce proceedings while deployed.

Military family law isn't a topic that affects all families. However, for some, it's the reality in which they live. When you are a military member, it can impact numerous aspects of your life that sometimes require specialized assistance.

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