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I'm on active military duty in Iraq, and my spouse served me with divorce papers. What should I do?
Divorce or separation proceedings that involve one or both spouses in the U.S. military are significantly different from civilian proceedings. There are many aspects of military divorce that do not apply to civilian divorces, and it takes an experienced attorney who is familiar with military divorce law to effectively protect the legal rights of a client, whether the client is responding to a request for divorce or initiating the divorce.
Legal Protection for Active Military
The U.S. Congress has enacted several laws to help protect the legal needs of men and women serving in the military, including active and retired members of the U.S. Army, Navy, Marines, Air Force, and Coast Guard. The fundamental protections come from the Servicemembers Civil Relief Act (50 UCS, section 521). A key provision of this Act allows a servicemember to ask that a divorce proceeding be granted a "stay" (a delay) for the time that the servicemember is on active duty plus 60 more days after the active service has ended. The decision to grant such a stay is not automatic; it's up to the divorce judge.
The stated purpose of the Servicemembers Act is to enable soldiers, sailors, Marines and other members of the military to "devote their entire energy to the military needs of the nation."
When You Can't Respond to Divorce Papers
The Act also protects an active servicemember in some circumstances from being held in default for not responding to divorce papers (for instance, if you're serving in the backcountry of Afghanistan and can't be reached). If your divorce case involves an allegation of default, the judge may appoint an attorney to represent you for the default proceeding.
Jurisdiction, Military Pensions, Alimony, Child Custody…
Many other aspects of divorce law are profoundly affected by a spouse's status as an active or retired member of the military. Jurisdiction (i.e., where and how the divorce can take place), the disposition of the servicemember's military pension, the issues involving child custody, child support, and alimony or spousal support are all subject to special rules regarding the military. A divorce lawyer who is not familiar with military law may not provide completely effective legal representation to a client.
To protect your legal rights, don't ignore your spouse's divorce request. Speak to a senior officer about your need to consult an attorney, and contact a divorce lawyer who is experienced in military divorce law, as soon as possible.