Military divorce while spouse is deployed?

Asked almost 2 years ago - Asheville, NC

I'm going to make this as short as I can... Married in April 2010, separated in July 2010 (Not legally, I moved out of our home near his base and back to my home town). July 2011 rolled around, my spouse never filed for divorce even though he told me he filed multiple times and told me that I should be receiving the paper work. He's been receiving $$ from the Army since the day we got married, I haven't seen a dime of this since July 2010 when I left. I have been unemployed and not financially able to file for divorce. Now he is deployed to Afghanistan, still getting extra $$ from the Army for our marriage. I'm now employed. Can I file for divorce while he is deployed, or do I have to wait until he returns from deployment? Will I be entitled to any of the $$ he's been getting?

Additional information

I also forgot to mention that we have no children and no mutual property. He was deployed in September of this year, and starting in October of this year he has been sending me $200/month in post dated checks which I am able to cash on the 15th of every month. He has sent me checks through February 2013. But told me last week that he is planning on filing for divorce in March 2013 while he is still deployed and until then will continue to receive $1000/ month in BAH (that's what he calls it) and separation pay? I can't believe a word he says because he told me a month ago that he never told his superiors that we were separated but now all of a sudden he's told everyone we're separated and will stop receiving $$. Will I be entitled to any $$ since he's technically been lying to me and the Army for the past 2 years?

Attorney answers (1)

  1. Scott Allen Scholl


    Contributor Level 18


    Lawyer agrees


    Answered . You can file for divorce while he is deployed, however he may invoke a stay under the Servicemembers' Civil Relief Act until his military service no longer prevents him from appearing and defending. Of course if you and he agree on the terms of a settlement, you can do so whether he is deployed or not.

    In the meantime, he is required to support his dependents. You can go through his chain of command, or you can talk to the JAG office nearest you.

    This response is for information purposes only, it does not create any attorney-client relationship.... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Deciding between a Divorce and a Legal Separation

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

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