How Long Does a Military Divorce Take?

Published by:
James Turner

Reviewed by:
Alistair Vigier
Last Modified: 2024-08-06
The concept and objective of a civilian and military divorce originate from the same notion or idea. It involves the separation of spouses due to some reason. However, specific differences exist between the two, irrespective of their similarities. A civilian divorce occurs between two ordinary citizens. It implies that neither spouse remains associated with the armed forces.
Military Divorce and Separation
A military divorce requires at least one of the parties to be a member of the services. The other spouse can be an ordinary citizen or in the military. The entire process and procedures of a military divorce are more complicated and lengthier than a civilian divorce.
Special requirements, regulations, and rules apply to the former. Overall, the differences can stem from different and distinct matters. They can be related to support payment compliance, military pension division, residency necessities, etc.

Difference between a Civilian Divorce and a Military Divorce?
In general, a military divorce is subject to and governed by federal and state laws. For instance, the former may determine how the military pensions are divided. On the other hand, the latter may affect spousal or alimony support. In addition, the particular laws of a state may apply. It depends on the state in which the divorce is filed.
Another essential factor or difference between a civilian divorce and a military one is that the latter must involve a court with the authority or “jurisdiction” to hear and carry out the case. For the former, it generally gets determined by their place of residence.
The jurisdiction may refer to the location or area where they hold legal residence. This is conventionally the case for military divorces, even if the service personnel or member remains stationed elsewhere.
How Long Does a Military Divorce Generally Take?
In most cases, a military divorce involves a complex process. It becomes complicated owing to the requirements of the military personnel on active duty. The live service individuals may have to delay the divorce actions and procedures.
It can happen when their military responsibilities and obligations prevent or deter them from appearing in court. In addition, the other steps in the divorce can get delayed. In such cases, the overall process can take months, if not less. Sometimes, in extreme instances, it may even take years.
The divorce process can take less time
The divorce process can take less time if the spouse or spouses have retired from service. In such scenarios, it may require a few weeks. A service person can ask for a delay in divorce proceedings or court actions if they remain on active duty. According to the Service Members’ Civil Relief Act, they are entitled to a 90-day halt. A magistrate, judge, or hearing officer can grant it. However, it is applicable only when the military personnel meets all the specified requirements.
What are a Few Common Reasons or Causes for a Military Divorce?
A military divorce can occur for many reasons. Let us discuss a few of the most common ones seen worldwide. Due to their deployments, military families usually need to move at least once every two or three years. This can be attributed to the frequent transfers they are allocated. Some military personnel may need to move even more than that.
Such a scenario can become exceedingly arduous for family members and even more so for their children. For that reason, it can cause divorce, especially for those who become tired of such a lifestyle. Frequent transfers of military personnel can make it arduous for their non-service spouse to establish and grow their career in one place. Almost always, they become compelled to give up on their jobs. The stifling limit on their ambitions and prospects can result in divorce.
Long Separation
Some spouses in the military may have to remain apart from their partners for an extended period. It may be due to their deployments to places that make it arduous for them to come back early.
When partners are away from each other for a long time, they can feel isolated. Both parties may also require a lengthy period to adjust and cope with the situation. However, in some cases, the spouses may become so detached that they cannot reunite. Then, they may seek a divorce to regain their individual lives.
Extra-marital relations or Affairs
Extra-marital relations serve as one of the most hazardous causes of a military divorce. The long phases of estrangement and loneliness can cause either party to find comfort in someone else. This can be the case even if both spouses are in the military or if either of them is in the service.
Mental Health Issues
Military personnel get exposed and subjected to extreme cases of violence and danger. The terrifying conditions can impose detrimental effects on their physical and mental health. It can result in them suffering from panic attacks, anxiety, and PTSD (Post-Traumatic Stress Disorder).
In turn, it can severely burden the bond and relationship with their spouses. It is even more so if the individual refuses to seek help for their condition. Thus, such cases can lead to divorce.
Domestic Violence
Domestic violence is a growing concern observed in over 15 percent of military marriages. It can arise from habitual drunkenness, illegal confinement, drug addiction, or physical or emotional abuse. These reasons lead to divorces in almost all circumstances. It can get owed to the victim, who does not find any other solution to help themselves out of the issue.
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