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Military Divorce (1)

Divorce and the Military

Divorce and the Military

Those serving in the United States’ armed forces know first-hand the differences between a military and civilian life. When going through a divorce, those differences are also prevalent. Terminating a marriage while serving in uniform presents a unique challenge. When a member of the Army, Navy, National Guard, or Air Force and his or her spouse decide to end their marriage, certain conditions make this process different than it would be for those not in the military. Active duty can prolong the process of divorce; however, a skilled attorney with experience in this field, coupled with the fact that some states have made it easier for the process to be resolved, can make a military divorce a relatively easy process.

What Makes The Situation Unique?

It’s common knowledge that the armed forces of the United States handle certain matters differently than citizens. This is done for the benefit of the person serving in uniform. For example, the passage of the Servicemembers Civil Relief Act (SCRA), itself an extension of the Soldier’s and Sailor’s Civil Relief Act (SSCRA), was intended to provide several wide-ranging protections for those being called into active duty or those who had already been deployed. The legal protection provided by the SCRA for service members does not apply to civilians. One such stipulation is the prohibition against lawsuits being filed against a service member due to divorce proceedings. The delay is active during and up to 60 days following the member’s service time.

Topics Brought Up During The Process

Despite the unique situation a military divorce brings, resolution can be quite similar to that seen in civilian divorces. However, if a service member is stationed overseas or on a base in another state, it may slow or completely halt the process of marriage termination altogether. Nevertheless, the purpose of a military divorce is the same as a civilian one: to bring the problem to a successful resolution for both parties by providing mutually beneficial solutions to the topics and/or issues presented.

Contact Us

We understand that a military divorce can be difficult. For the help you need if you are facing a divorce, contact an attorney from San Diego’s Fischer & Van Thiel, LLP, today at 858-935-6211.

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