Military divorces are more complex than civilian divorces, primarily due to the unique challenges military life presents. Active-duty status, deployments, and military benefits all affect how long the process takes. Federal laws, like the Servicemembers Civil Relief Act (SCRA), add another layer of complexity by allowing service members to delay legal proceedings. This post sets expectations for how long a military divorce may take, covering the key factors that can affect the timeline.

Factors That Affect the Length of a Military Divorce

Several factors influence how long a military divorce takes:

  • Deployment and Active Duty: The SCRA allows active-duty service members to delay proceedings, especially if deployed.
  • Jurisdiction and Residency: Establishing which state court has jurisdiction can slow things down, particularly if spouses live in different states.
  • Division of Military Benefits: Splitting military pensions and benefits, such as under the Uniformed Services Former Spouses’ Protection Act (USFSPA), often adds time, particularly when addressing complex financial details.

Servicemembers Civil Relief Act (SCRA) and Divorce Timelines

The Servicemembers Civil Relief Act (SCRA) allows active-duty military members to request a pause or delay in legal proceedings, including divorce, when military duties prevent them from appearing in court.

For example, a service member deployed overseas can file for a stay of proceedings, ensuring they are not disadvantaged due to their military obligations. To qualify, the service member must provide evidence such as federal orders, an explanation of their duty’s impact, a potential availability date, and a letter from their commanding officer confirming leave is not available.

While the initial stay is limited to 90 days, courts can extend it if military duties continue to interfere with court participation. This delay can add significant time to the divorce process, especially during long deployments. However, with the increasing use of remote technology like Zoom or WebEx, courts may allow virtual appearances to minimize the impact on timelines.

Typical Timeline for a Military Divorce

The timeline for a military divorce depends largely on whether it is uncontested or contested, as well as the service member’s active-duty status.

  • Uncontested Divorce: If both parties agree on major issues like child custody, property division, and support, the process can take around 3-6 months, depending on court schedules. However, if one spouse is on active duty or deployed, the timeline may extend due to delays from the Servicemembers Civil Relief Act (SCRA).
  • Contested Divorce: Disputes over custody, benefits, or military pensions can significantly extend the timeline, often taking 9 months to over a year, depending on the complexity of the case. If a service member is deployed or their duties interfere with court appearances, the divorce may be delayed even further.

Active-duty commitments and disagreements over military benefits make it common for military divorces to take longer than civilian ones.

How Child Custody and Support Affect the Timeline

Child custody and support can add significant time to a military divorce, especially when one parent is an active-duty service member. Child custody arrangements must account for the military parent’s deployment schedules, which can complicate negotiations and extend the court process.

Additionally, determining child support can be more time-consuming when military benefits, like Basic Allowance for Housing (BAH) and other allowances, are factored in. Courts often need detailed information on a service member’s income, which includes more than just base pay, to calculate proper support payments.

Military Pension and Benefit Division: Added Time Considerations

Dividing military pensions and benefits during a divorce can be one of the most complex and time-consuming parts of the process. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), military pensions are treated as marital property, but a service member must meet the “10/10 rule” for the spouse to qualify for direct payments (10 years of marriage overlapping with 10 years of service).

For example, if a couple was married for 12 years but only 5 of those overlapped with military service, the spouse might not qualify for direct pension payments, which can require additional negotiations or settlements. Also, the division of military pensions is not automatic and may vary by state law, adding to the overall complexity.

Moreover, disability benefits are typically not divisible. If a service member opts to receive disability pay instead of a portion of their pension, that portion is excluded from the marital asset pool. For instance, in In re Marriage of Tozer, the Colorado court ruled that disability benefits could not be treated as marital property and were exempt from division. This can lead to the spouse receiving a larger share of other assets to compensate for the lost pension, further extending the negotiation process.

These intricate details, combined with the need to correctly value the pension at the time of the divorce, often require the involvement of financial experts and legal professionals, which can significantly delay the finalization of the divorce.

Conclusion

Military divorces are often more complex and take longer than civilian divorces due to factors like deployment, federal protections under the SCRA, and the division of military pensions and benefits. The unique elements involved, such as determining military pay and benefits, understanding federal laws like the USFSPA, and navigating child custody with potential deployments, all add time to the process. Consulting a family attorney with experience in military divorce is crucial to ensure that all these factors are properly handled, helping you avoid unnecessary delays and complications.