Going through a divorce as a civilian couple can be incredibly overwhelming. It is a complicated process considering you have to go through lengthy proceedings to discuss how to divide your assets, child custody and support, and other marital matters. However, when all of that involves a spouse who is deployed with any branch of the United States military or overseas, those complications are further amplified.

When your spouse is currently outside of the United States, you might be wondering about your options when filing for divorce. Although the general process is similar for both types of marriages, several matters might impact the divorce process when your spouse is stationed or deployed overseas. 

So, it is important to check with a divorce attorney on what the dissolution process entails and the requirements for filing a divorce to know what to expect and work towards the right outcome.

Begin the Process with a Divorce Attorney

Consulting a divorce attorney before filing for divorce from an overseas spouse is crucial because it is an overly complicated process. There are several laws you have to navigate through and processes that have to be satisfied before the court can grant your petition for divorce.

For instance, if you were married in the United States, then the case should be filed in U.S. courts in order for it to be recognized under U.S. law. In addition, if you own foreign property in the country where your spouse is stationed, then deciding how to divide that property can also get complicated. These are just some of the factors that you have to consider during the divorce filing process, which is why it is necessary to consult a divorce lawyer beforehand.

Preparing for Divorce

There is plenty of prep work involved in the divorce filing process from overseas spouses. After you’ve consulted your divorce attorney, you have to consider the following:

• Prepare all the necessary documents beforehand. These may include statements of your assets, liabilities, and properties owned, along with other necessary documents. You will have to do the heavy lifting on this, considering that your spouse is deployed overseas and will most likely not have any of the documents with them.
• Acquire documented proof of the cost of running you’re household. Take note of how much it costs to run your household, such as paying bills, groceries, utilities, school fees, and other things.
• Above all, there must be grounds for divorce. In Texas law, the following are grounds for a military divorce:
• Unsupportable
• Cruelty
• Abandonment for one year
• Separation for three years
• Adultery with proof
• The commitment of a felony, resulting in imprisonment for at least a year
• Confinement in a mental hospital for at least three years with no hope for recovery.

Possible Issues to Be Encountered

If you’re filing a divorce from your spouse who is a member of the U.S. military and is stationed abroad, know that there may be many hurdles that you have to overcome. Unlike civilian divorces, military spouses are inaccessible to a certain extent, making the process more complicated. Here are some issues and legal obstacles you might encounter during this process:

Jurisdiction of the Court

The jurisdiction of the court handling the divorce case must be considered and will largely depend on where both parties reside. However, since your spouse is stationed overseas, deciding jurisdiction becomes more complicated. In such cases, you may file in the state where you live or where your spouse claims legal residency, given that you meet the state’s residency requirements.

Serving Papers to an Overseas Spouse

If your spouse has no plans to contest and agrees to a divorce, then serving papers will undoubtedly be easier for you. However, many of the complications in serving papers arise when the spouse plans to contest the divorce, and you will need the help of a divorce lawyer to do so. In some instances, you can seek help from the military to locate your spouse, but they are not legally bound to serve papers to their service members.

But even if you succeed in serving papers, your spouse doesn’t have to respond right away. Military members in active duty are protected by law from having to deal with a divorce through the Servicemembers Civil Relief Act (SRCA). Under the law, your spouse can request a 90-day extension to give them more time to respond. They can also request an additional extension beyond the 90 days, but that is up to the court’s discretion to grant or deny.

Discussing Child Custody

Most military spouses assume that they are automatically granted full custody of their children because their spouses are stationed overseas. However, that is a misconception since the court will still have to determine fit before granting custody of the children.

The court may also grant your spouse’s request for equal custody. In such cases, your spouse can designate a family member over the age of 18 as a substitute parent when deployed overseas, so they do not forfeit visitation rights.

Length of Court Proceedings

In divorce cases outside of a default judgment, both spouses need to be present during the hearing before the divorce can be finalized. Traditionally, couples can wait for up to six months before that hearing, which gives your spouse a good chance of attending, depending on their deployment orders. In cases of a long or back-to-back deployment, wait times are considerably longer. 

Knowing Your Options

Divorcing a spouse deployed overseas is a challenging and incredibly complex process. During those times, a trusted divorce lawyer can act on your behalf and help you navigate those complexities and alleviate your stress. Seek legal advice from your attorney and discuss your options.