Military Uncontested Divorce

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The word 'divorce' means the legal ending of a marriage. It happens because married partners fail to stay with each other. Divorce is common to every class of society. Whether you are a rich businessman or a poor laborer, an employer or employee, a civilian or a military person, divorce laws and rules of a state are equal for everyone. Everyone has to meet the residency requirements and show the proper grounds for divorce in order to legally terminate the marriage. Even if you go for an uncontested divorce, you have to abide by the procedures as specified by the divorce laws of your state. In USA divorce laws are formed for civilians and military persons as well. Many military persons or couples choose military uncontested divorce as per their convenience.

What is a Military Divorce?

If one or both the divorcing partners are serving actively in the United States Military (Armed Forces), the divorcing couple is eligible for a Military Divorce.

The term "Military Divorce" is not a legal term. It is coined by the layman and has become extremely popular. It is to be noted that the usage of this term does not bring any difference between civilian divorce and military divorce.

Sometimes a military divorce is perceived to be more complicated than a civilian divorce. Some think that a spouse should not file for a divorce case against the other spouse when she/ he is in uniform. But this thought is impractical. A military divorce is no different than a civilian divorce, however, there are a few provisions made in a military divorce. The issues and problems faced by a civilian is the same as that of a military personnel.

What is a Military Uncontested divorce?

A military uncontested divorce is very much identical to a standard uncontested divorce. However, there are some additional clauses and statements which are related to the provisions of Civil Relief Act of 1940 and 50 App. Section 520.

These clauses and statements are elaborated here so that a divorcing couple may have clarity in understanding the requirements of their divorce.

Certain Aspects of Military Uncontested Divorce

  • Both the divorcing partners must be willing to sign the divorce documents
  • There must not be any problems associated with the Soldiers and Sailors Civil Relief Act
  • Consider that one divorcing partner is stationed overseas and the other is in the U.S. Then, the partner in the U.S. must be willing to file the divorce and remain present in the court for the hearing. In such a situation, the partner who is overseas is not required to appear in court
  • It must be possible for the divorcing partner who is in the military to sign the forms. The divorcing partners need to sign the form. This can be done by way of mail
  • The military persons are free to file in the state where they are presently residing. In case, they do not fulfill the residency requirements of such a state, they may file in the state, which is the home state of the military person, as per the Military office records
  • It has been observed that military persons generally file the divorce in the state where they currently reside or where they have a driver's license

SSCRA of Military Uncontested Divorce

SSCRA is an abbreviation for the Soldiers and Sailors Civil Relief Act of 1940. The intention of this Act is to protect and safeguard the interests of individuals serving in the military. The Congress desired to offer peace of mind to the individuals serving in the military. Such a peace of mind was attained by offering special protections to the rights and property interests, while the military personnel are serving the country

Some important information about SSCRA is mentioned here-

  • This Act has several provisions that permit the military person to secure the legal rights till the military person returns from the military to defend self. Due to this Act, it is not possible for the partner of the military person to get a divorce without the knowledge of the military person
  • The military person can put a temporary stay on the divorce process. If the partner of the military person files for divorce and serves the military person, the military person can extend the procedure by holding up the case for a reasonable period of time. Generally, this period is of 30 to 60 days. Under special circumstances, the stay can be even longer, although not indefinite
  • The SSCRA has been enforced since 1940. It includes full-time members of the Coast Guard, Marines, Air Force, Navy, Army, persons on active duty with the reserves of the National Guard as well as officers of the Public Health Service. All these persons are benefited by this Act while the U.S. is at war and also when the U.S. is not at war
  • This Act is applicable from the date of entry in the military for all military persons. In case of reserves or the National Guard, the Act is applicable from the date the active duty begins. The application of this Act continues till the death of the person in active service or the date of discharge from active service

We hope that you have understood all the aspects of a military uncontested divorce. You should think a number of times before deciding for the divorce. But once you decide, you must abide by the state laws pertaining to such divorces.

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