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If a divorcing spouse is active in the U.S. Military or armed forces, then they are entitled to the provisions of a “military divorce.” Military couples will need to go through the same process of divorce as everyone else, but they may face delays if one spouse is on active duty. An uncontested military divorce is not too different from a standard uncontested divorce, except for a few additional statutes designed to protect the legal rights of military husbands and wives.
The Soldiers’ and Sailors’ Civil Relief Act of 1940 was enacted to defend and protect the rights and interests of people in the military. The law was designed to give those in the military peace of mind by ensuring they receive special protection of their property rights and interests while they are in active service. The terms of this Act allows soldiers and sailors to secure their legal rights until they come back to the U.S. to defend themselves in court.
As stated in the law, “the act protects a soldier’s legal rights while serving the country, therefore not permitting a spouse to get a divorce without his or her knowledge.”
This law also protects child custody and visitation rights for fathers and mothers on active military duty.