Military Divorce – (248) 588-3333 – Understanding Military Divorce Process
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Military divorce will typically involve one spouse who is in the military and these kind of cases include different aspects when compared to a non-military divorce. A non-military divorce involves couples who are similarly situated and living in the same city. In a military divorce, both parties can live in the same place, but one is deployed. If you are in the military and contemplate filing for divorce, the process doesn’t have to wait until you return home. The process can begin and continue while you are fulfilling your duties to the country. There are issues to be addressed during a military divorce including military housing, military benefits, support calculations, etc.
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The SCRA provides for that as well. Furthermore, The Michigan Military Act (MMA) requires that any case occurring while the party is in military service must be put on hold until that service has ended. This applies to any civil case (including child custody) where the party:
- Was a serviceman or has only terminated military service in the last 90 days, and
- Has received notice of the case
If both the serviceman and a commanding officer submit a letter explaining how military service prevented them from responding to the case, then the court must grant a stay. A request for a stay is not an “appearance” and will not waive any defenses. They may request additional stays for as long as the “material” obstacle to responding continues.
Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154
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