Military personnel faced with divorce are protected by special rules that are intended to prevent their spouses from unfairly taking advantage of their active-duty status. A spouse on active duty may be unable to attend divorce proceedings because he or she is not stationed near the divorce court. When this happens, the military member can ask the court to delay proceedings until military requirements allow the member to attend. The judge will usually grant the delay unless it is determined that the military service does not substantially affect the member’s ability to attend. If you or your spouse is on active duty, the provisions of the Soldiers’ and Sailors’ Relief Act, 50 U.S.C.A. App. Sec. 521 (1968) may affect the procedures. If your spouse is in active duty and you are seeking an uncontested divorce, you may ask your spouse to waive the provisions contained in that law.

Active duty military personnel should promptly advise the court of their active-duty military status, and, if applicable, their intention to obtain a stay of proceedings under the Soldiers and Sailors Relief Act. Because the stay for the divorce proceeding is discretionary with the court, military personnel may wish to retain an attorney to make the motion to the court to delay the hearing. Sooner or later, even if a stay is granted, the divorce case will proceed.

It may be financially advantageous to proceed quickly with a divorce. Because a military pension increases in value over time, a delay in the divorce proceedings may merely increase a spouse’s financial interest in a military members retirement benefits. Thus, a determination of whether to request a stay of proceedings should be made after careful consideration.

Many military personnel who wish to have their divorce proceedings stayed pending their return from active duty have successfully downloaded legal forms that they have submitted to courts. Such forms can be found at http://www.DivorceToday.com/
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