Divorcing a Military Spouse
Having a military spouse can place unique strains on a marriage. While service members provide invaluable service to the country, the long periods of separation and the challenges of reintegration after deployment can take a toll on relationships. In some cases, combat experience may also affect a partner’s stability, adding further stress to the marriage. For a focused explanation, read Am I Responsible for My Spouse's Debts From Before We Married.
That said, the reasons military couples divorce are often similar to those faced by civilian couples—differences in personality, loss of affection, or simply growing apart over time.
Service members who are divorcing have additional protections under federal law, primarily through the Servicemembers Civil Relief Act (SCRA). This law protects active duty service members, reservists, and National Guard members on active duty by allowing courts to postpone or suspend proceedings until the service member can participate. These protections ensure that military obligations do not unfairly compromise a service member’s legal rights.
If military service “materially affects” a service member’s ability to participate in a case, the court must delay proceedings until they are available. Temporary orders regarding child custody, visitation, and support may still be issued to protect the best interests of children, but final orders are typically postponed until the service member can appear.
Determining Military Status
Before filing for divorce, it is important to confirm whether your spouse is on active duty. You can verify this through the official SCRA website at https://scra.dmdc.osd.mil/scra/#/home. If you cannot determine active duty status, you must file an affidavit with the court explaining your efforts.
When Your Spouse Is on Duty Overseas
If a respondent fails to respond by the deadline, you may normally seek a default judgment. However, if the respondent is on active duty, the court must appoint an attorney to represent their interests. Judges often delay final divorce orders until the service member can obtain leave and participate in proceedings.
Service members may waive certain protections under the SCRA by signing a written waiver form. If your spouse declines to sign, you should consult an attorney for guidance.
Waiving Rights by Agreement
If both parties agree on all issues, you may waive rights to delays by signing a written waiver in front of a notary public and filing it with the court. Before doing so, consult a lawyer experienced in military family law or a Judge Advocate General (JAG) attorney. The military legal assistance office locator can be found here: Military Legal Assistance Locator.
Child Support Obligations
Active duty service members remain responsible for supporting their children. If necessary, you may contact your spouse’s commanding officer to help arrange payments, even without a court order. The SCRA website can also assist in locating your spouse.
Divorce involving military families presents unique challenges, making experienced legal counsel essential.
Need help with a divorce or family law matter in King or Snohomish County? Learn about our divorce, custody, and support services, or call 425.785.8679 for a consultation.