Filing for divorce during military leave: What you need to know

On Behalf of | Jul 31, 2024 | Divorce

Filing for divorce while your spouse is on military leave can present unique challenges, but it is possible. In Indiana, the process follows specific guidelines to ensure fairness to both parties involved in the dissolution of marriage. Understanding these guidelines is crucial to navigate the divorce process smoothly.

Servicemembers Civil Relief Act (SCRA)

The SCRA provides certain protections to military members to ensure they are not unfairly disadvantaged due to their service. 

First, the SCRA can postpone civil judicial proceedings, including divorce, if the service member’s military duties prevent them from participating in the case. This is known as a “stay” of proceedings.

However, these protections are not indefinite. An attorney can advise you of how the process will play out, as well as an expected timeline.

Filing the petition

To initiate the divorce process, you must file a petition for dissolution of marriage with the appropriate Indiana court. Ensure that all required documentation is complete and accurate. If your spouse is deployed, you must also serve them with the divorce papers through their military unit or legal office.

Serving divorce papers

Serving divorce papers to a spouse on military leave requires adherence to specific procedures. You may need to work with military officials to ensure the papers are delivered properly. The court may grant additional time for your spouse to respond due to their military duties.

Be prepared for possible delays if your spouse invokes their rights under the SCRA, as it may take at least 90 days. 

Navigating the divorce process during military leave requires careful consideration of legal protections and procedures. By understanding and adhering to the Servicemembers Civil Relief Act (SCRA) and following the correct steps, you can ensure a fair and respectful dissolution of marriage for both parties.