What Happens if My Spouse Gets Deployed with the Military During our Divorce?

Divorce proceedings involving spouses in the military come with their own set of challenges. One of those challenges includes deployment. If the military-enlisted spouse receives deployment orders during the divorce action, the Servicemembers Civil Relief Act (SCRA), codified in 50 USCS § 3932 applies. This statute applies to any civil action or proceeding, including any child custody proceeding, and is utilized to stay the proceedings pending deployment. Specifically, subsection “b” of SCRA § 3932 governs a stay of the proceedings.

At any stage before final judgment in a civil action or proceeding in which a servicemember is a party, “the court may on its own motion and shall, upon application by the servicemember, stay the action for a period of not less than 90 days.” 50 USCS § 3932 (b)(1). For the Court to grant the stay, the servicemember or his attorney if represented by counsel, must meet two (2) conditions. The first condition includes the submission of a “letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the servicemember’s ability to appear and stating a date when the servicemember will be available to appear.” 50 USCS § 3932 (b)(2)(A). The second condition requires the servicemember to file a “letter or other communication from the servicemember’s commanding officer stating that the servicemember’s current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter.” 50 USCS § 3932 (b)(2)(B).

If a Court grants the servicemember’s request for a stay in the proceedings pending the deployment, the case is essentially paused. The case is on hold until the servicemember returns from deployment. Servicemembers are afford these protections while deployed so as not to be disadvantaged or in default in court while serving in the military. It is crucial to inform your attorney if you are in the military and have pending deployment orders to ensure that your attorney timely preserves all of your rights in your case.