Military Uncontested Divorce

If one or both the divorcing partners are serving actively in the United States Military (Armed Forces), then, the divorcing couple is eligible for a Military Divorce. An uncontested divorce of this category is very much identical to a standard uncontested divorce. However, there are some additional clauses and statements.

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 Soldier and Sailor 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. 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, then, they may file in the state that the Military mentions is the home state of the military person.
• 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.

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 date of discharge from active service.

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