The length of a divorce depends on many different factors. For instance, an amicable divorce where the couple works together to determine how they want to split up custody of their children or possession of their marital assets is often faster than a contested divorce, where the case needs to go to court.
One key detail to consider, however, is if one spouse is in the military. This can create some significant delays, especially if that service member is deployed or stationed overseas.
A 90-day delay
Under the Servicemembers Civil Relief Act, many service members are automatically entitled to a delay when facing civil cases. This includes divorce cases, foreclosures and similar legal matters.
If the service member can show that they are not able to participate adequately in the legal process, they can then get a 90-day delay. Additionally, they can request another 90-day delay, for a total of 180 days, which can be approved by a judge.
The reasoning behind these delays is that someone who is stationed overseas or deployed to a combat zone cannot realistically meet with their legal team, gather appropriate documentation, attend court hearings or even respond to a divorce petition in a timely manner. They deserve a chance to be involved in the legal divorce process, so these delays are applied until they can return home and address the divorce with all of the time for preparation and participation that they need.
Navigating a complicated divorce
This can certainly complicate the divorce process and make it take much longer. Those who are filing for divorce while one spouse is a member of the military must be well aware of all of their legal rights and the exact steps they need to take at this time.