I’m Supposed to Deploy and I Just Got Served Divorce Papers

When you are getting ready to deploy in the next couple of days or weeks, that is likely all that is on your mind. You may be nervous, overwhelmed, and maybe even a little frightened at the idea of leaving the United States for several months. However, what can make this situation even more stressful is being served with divorce papers.

While there is never a good time to let a person know that you want a divorce, delivering a servicemember divorce papers right before deployment can be devastating. Now, you may be feeling lost and confused about what to do regarding your divorce while also preparing for your upcoming deployment.

Can my spouse request a divorce even though I am about to deploy?

Yes, your spouse can request a divorce even though you are about to deploy. In San Antonio and the rest of Texas, however, there are certain rules that must be followed when requesting a divorce, such as:

• One spouse must be a resident of Texas for at least six months.
• The spouse requesting the divorce must live in the United States for at least 90 days.
• The military spouse must reside in Texas but is being temporarily stationed in another state or country; or
• The military spouse is currently stationed in Texas; or
• The military spouse is a resident of a different state, used to be stationed in Texas, but is now being deployed out of Texas.

Regardless of your circumstances, your spouse most likely has the legal right to request a divorce even though you are getting ready to deploy. While this may be a very inconvenient time for you, it is important to get in touch with a San Antonio military divorce lawyer and discuss your legal options as soon as possible.

Why would my spouse serve me with divorce papers before my deployment?

There may be many reasons why your spouse decided to serve you with divorce papers before your deployment. Most of the time, people think long and hard about divorce before they actually go through with it. Therefore, your spouse may have already met with an attorney, carefully considered their options, and determined that this was the best time for them to request a divorce. Here are a few reasons why they may have served you with divorce papers before your deployment:

• It would be better to get this news before you go: Although it is not ideal to learn that your spouse wants a divorce before you go on deployment, it is most likely better to get this news now than to find out when you are many miles away from family and friends.
• Texas requires divorce papers to be personally served: Texas law requires you to have an authorized person, such as a sheriff, constable, or another person that the court authorizes, serve divorce papers. Therefore, your spouse would need to ensure that an authorized person overseas was able to serve you with the divorce papers, which could be impossible depending on where you are deployed.
• They may not have wanted to delay the process even longer: As a military servicemember, you are given more time to respond to divorce papers. However, if you were already deployed, the process may have become longer as it would have taken a long time for you to even receive the papers. Therefore, your spouse may have not wanted to delay the process even longer than it already will be.

Can I still start divorce proceedings even though I am getting ready to deploy?

Yes, you can still start divorce proceedings even though you are getting ready to deploy. However, depending on how close your deployment date is, you may want to speak with a divorce lawyer about whether you need to respond immediately. Most military servicemembers have more time than civilians to respond after being served divorce papers. In addition, if your deployment is within a few days or weeks, you may want to ask your lawyer about the Servicemembers Civil Relief Act (SCRA).

The SCRA gives military servicemembers 90 additional days to respond to divorce papers, as well as the option to ask for a delay in court hearings until they return home from deployment, as long as all conditions are met. This ensures that you are able to concentrate solely on serving your country and doing your military duties without thinking or worrying about the divorce.

Is it possible to get a divorce while deployed to another country?

It is possible to get a divorce while deployed to another country. However, the process may be a lot more complex than if you were in America. According to 50 U.S. Code § 3932, if you have received divorce papers, you can apply for a stay of 90 days, but you must provide the following information before this stay can be granted:

• A letter or notice that states that your military duties and requirements prevent you from being able to appear for court, as well as the date that you will be able to appear.
• A letter or notice from your commanding officer that explains that your military duties prevent you from being able to appear for court and that leave from the military is not authorized.

Should I speak with a military divorce attorney now or wait until I get back from deployment?

If you have already received divorce papers, you should speak with a military divorce attorney right away. Your attorney can break down the entire process, answer any of your questions, and determine whether you have the same protections as a deployed servicemember even though your deployment is still days or weeks away. Since you are about to deploy to another country, it is essential to have a legal professional by your side, advocating for your rights and protecting your interests while you are away.

Have you recently been served divorce papers while preparing for an overseas deployment? If so, the San Antonio military divorce lawyers at Grable Grimshaw, PLLC are here to assist you. Our team has helped many servicemembers navigating divorce. You can rest assured knowing that we understand the unique challenges that military spouses face during divorce, and do everything we can to help you through them. Please call our office or submit our contact form to schedule a no-obligation case review today.