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How Do I Get a Divorce from a Spouse Overseas?

Getting a divorce from a soldier or while deployed overseas can be hard. Some things in life can wait, but divorce is not always one of them. If you’ve decided that you need a divorce from your spouse, it can feel important to get it done as soon as possible. Having this feeling is understandable—sometimes, the only thing between you and a new start can be finalizing your divorce!

However, if you’re deployed with any branch of the United States military or are married to someone who is overseas, you might be wondering about the options that you have for divorce. Getting an overseas divorce while you or your spouse is deployed can be difficult but not impossible. While a divorce during deployment isn’t always possible, you might be able to start the process now so it can commence as soon as possible. As with many legal matters, many factors can influence your divorce, and working with the right military divorce attorney will help you work towards the right outcome.

Call Miller Law Group, P.C. today for help with your military divorce involving someone that is deployed. We’re ready to listen to your situation and help you take the next steps during a free initial consultation at (508) 502-7002.

Deployment Divorce Rates

Deployment can be difficult on a relationship, no matter how strong the bond between to people is. In fact, studies have found that military deployments have a significant effect on marriage, especially if they last for a prolonged amount of time. One study found that military divorce rates increase significantly each month a spouse spends away. Researchers also found that where a service member is deployed can influence their divorce. For example, if a female is deployed in an area with combat, studies reveal their marriage has a 50% chance of failing within the first five years.

Filing for Divorce While Overseas

If you want a divorce while deployed in another country overseas, you have options. Notably, it might be in your best interest to wait until you’re back in the United States to file for your divorce. If you’d like to start the process as soon as possible, working with an attorney who can act on your behalf might be an option for you. However, it’s important to pick an attorney that you trust because they’ll have to act on your behalf during important divorce proceedings. Waiting until you’ve returned from your deployment will allow you to be as involved as possible throughout the process.

If you don’t anticipate that your divorce will be contested, filing for one while deployed might seem like a simple decision. Yet, it’s still crucial that you speak with a Massachusetts military divorce lawyer before taking further steps. Our Massachusetts military divorce lawyers are ready to look at your situation and help you make the best decisions throughout this sometimes complicated process.

Being Served with Divorce Papers While Deployed

Military members are protected by a law known as the Servicemembers Civil Relief Act (SRCA). This law protects them from dealing with a divorce while they are deployed. If you’re served with divorce papers while overseas, you can request a 90-day extension to give yourself more time to respond to the petition. If you do respond to the petition for divorce while deployed, you’ll still be protected by the SRCA and don’t need to worry about divorce proceedings occurring without your presence.

However, if you know that your spouse has filed for divorce while you’re deployed, you should contact Miller Law Group, P.C. as soon as possible. We’ll be ready to start protecting your interests as soon as possible so your spouse doesn’t have the advantage of having a significant head start. In some instances, a soldier can be ordered to use vacation time to go home and take care of family law issues. This makes receiving legal help as soon as possible important to protect your rights and interests. 

Divorcing a Soldier

If you’re the spouse of a military member who is deployed and want to file for divorce, the process can be difficult. During a civilian divorce, the person who wishes to separate from their spouse files to do so. Then, the other spouse is served with divorce papers and receives a certain amount of time to respond. Just as with civilian divorce, a military divorce must be filed by the person who wants it and then the other party must be served with a notification. Unlike a civilian divorce, military members might have an extended amount of time to respond to a divorce filing, especially if they are overseas or deployed.

What Happens if You Divorce Someone in the Military?

First, a law called the Service Members Civil Relief Act protects a deployed servicemember from family law issues such as child support, property division, and more. In other words, even if someone files for divorce from their deployed spouse, they might not be able to proceed with the process until that person is back in the country. Second, it might be impossible to serve divorce papers to a deployed military member if their location is classified or difficult to reach. So, divorce after deployment might be a person’s only option. However, since military divorce can be complicated, it’s wise to reach out to a law firm and start the process as soon as possible!

The best way to find out more about divorces involving deployed military members is to call Miller Law Group, P.C. at (508) 502-7002. An initial consultation with one of our experienced Massachusetts military divorce lawyers is free of charge so you can easily discover your options.

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