Zachary A. Van Dyke, P.A.

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850-641-8504

Zachary A. Van Dyke, P.A.

Se Habla Español
Call Now For a Low Cost Consultation and Same Day Appointments
850-641-8504

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We Will Persevere

Yes, you can survive a deployment divorce

On Behalf of | Mar 1, 2022 | Military Law

When you are on active duty and are deployed, the last thing you want to worry about is a divorce. There are protections in place to help you, so you can focus on your job rather than what’s happening back at home.

A deployment divorce can be distracting, upsetting and challenging. However, this type of divorce is fairly common, which means that the courts understand how to handle it and help both sides get the resolution that they’re looking for.

If your spouse would like a divorce and you will be or are currently deployed, your first step is to learn more about your legal options. For example, you do have protections through the Servicemembers Civil Relief Act, so you won’t necessarily have to worry about the case being started or continued when you’re deployed unless a court order is issued.

Completing a divorce while deployed can sometimes be helpful

If you and your spouse can agree on the division of your property or you don’t have children to worry about, then you may actually appreciate the divorce moving forward when you’re not in the country. You and your spouse might have the ability to settle your issues with a few small discussions if you plan to work collaboratively. You may also look over their suggested division of assets or other arrangements and determine if you’re okay with them.

Since you won’t be in the U.S., being deployed could also be helpful for handling the separation period. Most states, you need to be separated for a period of time before you separate. In Florida, you also have to live in the state for at least six months. So, if you recently came to Florida before deployment, your spouse may need to reside in the state for a few months before they can seek the divorce to begin with.

These are a few things to think about with your military divorce. Deployment won’t necessarily result in you having a more difficult divorce, because it could be paused on your behalf. Alternatively, if you have a simple divorce, there are ways to get through it without having to be physically present.