Switch to ADA Accessible Theme
Close Menu

Dealing With Military Divorce While Deployed


Being deployed in the military comes with many challenges, and a person’s world can be completely turned on its head when they are also served with divorce papers while on deployment. The emotional and logistical hardships can feel overwhelming, but there are laws to protect your interests and attorneys who can help you navigate this tumultuous time. At the law office of Blair H. Chan, III in Tampa Bay, our office is here to help with your military divorce. To learn more, call or contact our office today.

Delaying Divorce Proceedings

The Servicemembers Civil Relief Act (SCRA) protects servicemembers from being forced to deal with the details of their divorce while deployed. One of the provisions of this Act allows a deployed servicemember to postpone divorce proceedings until they return to the United States from their deployment. It also allows the servicemember to request up to a ninety day extension to respond to the petition for divorce upon their return to the U.S. in order to give them the proper time needed to readjust and reply. An experienced divorce attorney can assist in the preparation of an answer to a divorce petition once the servicemember has had an opportunity to reacclimate after deployment and take stock of their familial situation.

Enacting Divorce Proceedings While Deployed 

A deployed servicemember may also elect to enact or continue divorce proceedings while they are abroad. In this case, it is imperative that a knowledgeable and experienced divorce attorney who has your best interests at heart handle the case. A lawyer can act as your representative in court at hearings and negotiate with the other spouse’s legal counsel on matters such as property distribution, spousal support, child custody, and child support as well as issues particular to military families like access to specific military benefits and retirement accounts.

Servicemembers who opt for this option in a Florida divorce should still anticipate regular communication with their attorney, and the process may be slower than if the servicemember were in person back in the United States; however, this is an option for those who wish to have a divorce handled while they are still deployed. Depending on the circumstances of the case, this option may also require the signing of a power of attorney form to allow the lawyer or others to make decisions on your behalf while you are away. To learn more about your legal options for either staying divorce proceedings while deployed or managing the case while on deployment, talk to our office today.

Call or Contact Blair H. Chan, III Now

If you have been served with divorce papers while deployed it is important to know that you are not alone during this time and that you have legal options in the States. If you would like to speak with an experienced Tampa military divorce lawyer, call the office or contact us at Blair H. Chan, III today.



Facebook Twitter LinkedIn