Military families have distinct challenges during divorce, and deployment can make the process even harder. When one spouse is stationed overseas or away for long periods, important aspects of the divorce process, such as serving papers, attending hearings, and making custody arrangements, can be delayed or disrupted. These hurdles can lead to confusion, frustration, and uncertainty about how to move forward. As we support clients through military divorces, we’ve found that understanding how deployment intersects with legal requirements helps us avoid unnecessary delays and keep the process on track. Working with an experienced Tampa, FL military divorce lawyer can help us protect our rights and interests while one spouse is away on active duty.
How The Servicemembers Civil Relief Act Impacts Divorce Timing
The Servicemembers Civil Relief Act (SCRA) provides active-duty service members with important protections, including the right to request a stay or postponement of court proceedings during deployment. While this law is designed to prevent unfair outcomes, it can significantly extend the timeline of a divorce if one spouse is unavailable to participate in hearings or negotiations. Judges generally grant these stays when deployment directly interferes with a service member’s ability to appear in court. For many couples, this means a divorce could take months or even years longer than a typical civilian case.
Communication Challenges During Deployment
When a spouse is deployed, communication may be inconsistent or difficult due to their location and responsibilities. This lack of consistent contact can make it difficult to discuss settlement options, child custody plans, or financial agreements. It can also increase the potential for misunderstandings or disagreements. We recommend documenting all communications related to the divorce and exploring options like video conferencing or secure messaging services to keep discussions moving when possible.
Custody And Parenting Plans Complicated By Deployment
Deployment can complicate child custody arrangements, especially if both parents want to remain actively involved in their children’s lives. Courts prioritize the best interests of the child, which can mean temporary changes to custody orders when one parent is deployed. In some cases, a service member can designate a family member to temporarily care for their child during deployment. Once the parent returns, custody plans may need to be adjusted again. It’s important to draft a parenting plan that anticipates deployment and includes clear guidelines for transitions, communication with the deployed parent, and decision-making authority.
Division Of Military Benefits And Pensions
Military divorces involve unique considerations when dividing retirement benefits, housing allowances, and other military-specific assets. Deployment can further complicate these matters by making it harder to collect accurate information on pay, benefits, and entitlements. Delays in communication or paperwork can slow down negotiations, so we always suggest gathering as much documentation as possible before or shortly after deployment begins. This helps avoid unnecessary delays and allows us to make informed decisions about dividing marital assets.
Finding Support While A Spouse Is Away
Divorce is already an emotional experience, and deployment can leave one spouse feeling isolated or overwhelmed. Accessing resources such as military family support centers or counseling services can make a meaningful difference during this time. At our firm, we offer virtual consultations to accommodate clients whose schedules or locations make in-person meetings difficult. We also help clients understand how deployment affects the legal process, including when it may be appropriate to request a stay under the SCRA or how to plan for custody changes.
Helping Military Families Find Clarity During Uncertainty
Deployment can slow the progress of a divorce, but with thoughtful planning and patience, we can keep the process moving forward. By anticipating these issues and working with attorneys who are familiar with military divorce, we can keep the process moving and protect what matters most to our families. For those in Florida, The McKinney Law Group has experience addressing the unique needs of service members and their spouses. If you’re facing divorce during a deployment, we invite you to reach out for guidance from a Tampa, FL military divorce lawyer who understands the demands of military life and can help you find a path forward.