Legal Considerations For Military Divorce

The divorce process is already challenging and complex. Military members, though, face additional challenges due to the nature of their work.  Military members may be deployed at the time their spouse files for divorce, and it can be more difficult for them to communicate with their attorney or during negotiations. All of these factors can result in an unfair result for military members. It is for this reason that the Servicemembers Civil Relief Act (SCRA) was enacted. The SCRA provides protection for those serving our country while they are going through divorce or are facing other civil actions.

Delayed Proceedings 

Under the SCRA, a member of the military can request that court proceedings are postponed, which ensures that their employment duties will not unfairly impact them during the divorce case. When a civilian files a petition to end their marriage with another civilian, the spouse served with papers must respond. This shows they have a legal interest in the case and that they want to exercise their rights.

If a civilian spouse does not respond to divorce papers, their spouse may be able to obtain a default judgment. This can be very detrimental and result in an unfair settlement. The SCRA helps service members avoid this by allowing them to delay proceedings until they are no longer deployed.

Filing Jurisdiction 

Deployed military members can also face issues regarding the jurisdiction in which the divorce is initially filed. In cases involving two civilians, divorce must be filed in the state where one or both parties reside. Members of the military can also file in the state where they live, where their spouse lives, or in the state where they are currently deployed. This ensures that the jurisdiction military members are in does not hinder them from filing for divorce or exercising their rights.

Managing Marital Property 

In Pennsylvania, marital property is divided fairly, but not necessarily equally, during divorce. It is critical for anyone going through a divorce to have a clear understanding of their financial position so they can make informed decisions regarding the division of marital assets and debts. When a member of the military is deployed, it can be very difficult for them to communicate with creditors, access financial accounts, or otherwise manage their property from afar. Military members who are deployed may choose to create a power of attorney, set up separate accounts, and take other measures to ensure they receive a settlement that is fair and equitable.

Our Divorce Lawyer in Delaware County Helps Members of the Military 

There are always complications that can arise during divorce but for members of the military, there are many additional challenges. At Barbara Flum Stein & Associates, our Delaware County divorce lawyer can make the process much easier. Our experienced attorney can advise on the strategies that can make the process easier, and ensure that your rights are upheld so you obtain the fair settlement you are entitled to. Call us today at 610-565-6100 or chat with us online to schedule a consultation and to get the legal help you need.

Source:

consumerfinance.gov/consumer-tools/educator-tools/servicemembers/the-servicemembers-civil-relief-act-scra/#:~:text=The SCRA is a law,defense needs of the Nation.