As a military service member, you know that it can be complicated if you decide to get divorced. You and your spouse have discussed it, so you know that it is a possibility. But neither one of you has taken any concrete steps to actually file for a divorce at this time.
Due to the nature of your job, there is always a chance that you could be deployed for weeks or months on end. What happens if your spouse decides to file for divorce while you are overseas? Are they able to do so, and how are you supposed to respond to a divorce petition?
A 90-day stay
The important thing to remember here is that the Servicemembers Civil Relief Act gives you certain rights that civilians would not have during the divorce.
Specifically, you can submit a request asking for a stay of the divorce proceedings, since they are a civil matter. Submitting your request grants you a 90-day automatic stay. The court also has the discretion to extend this stay, if necessary.
In other words, though your spouse can file while you are deployed, it is natural that you may not be able to respond to a divorce petition, consult your attorney, attend hearings or take any other concrete steps to participate in the divorce. Since this would not be fair to you, you can request a stay until you are back in the United States, and you can be involved in the overall divorce process.
A complicated divorce
For this reason, a military divorce can be a bit more complicated than a civilian divorce, and it can take longer. It is critical that you understand all of your rights and legal options at this time.