Divorce during deployment

Q: My daugh­ter has been mar­ried for three years but only has lived with him for about three months. He was in the Marines when they got mar­ried. He re-enlisted last April and now is over­seas in Afghanistan. She is on his med­ical and he was giv­ing her some money but has stopped. He is get­ting more money because he claims her on taxes. My real ques­tion is can he get a divorce while he is still overseas?

–Dawn, Phoenix, Ariz.

A: Things don’t sound good, but maybe once your son-in-law returns from Afghanistan they can work on their mar­riage. One of the pro­tec­tions afforded to those serv­ing in the mil­i­tary by the Ser­vice mem­bers Civil Relief Act (SCRA) is the abil­ity to request a stay of court pro­ceed­ing when their mil­i­tary ser­vice affects their abil­ity to pro­ceed in the case. Serv­ing in Afghanistan is a fine exam­ple of mil­i­tary ser­vice mate­ri­ally affect­ing one’s abil­ity to appear in court. Thus, if your daugh­ter attempted to divorce your son-in-law while he was in Afghanistan it might be a dif­fi­cult propo­si­tion if he was not inter­ested in the divorce. On the other hand, if he chooses to file for divorce, he may do so. If they were both inter­ested in divorce, it cer­tainly might be a pos­si­bil­ity. If this is a course of action your daugh­ter wishes to pur­sue, she should seek the coun­sel of an attor­ney with expe­ri­ence in mil­i­tary divorces.

Share |

USAA or its affiliates do not provide tax advice. Taxpayers should seek advice based upon their own particular circumstances from an independent tax advisor. The information is provided for informational purposes only and is not intended to substitute for obtaining professional financial advice. Please thoroughly research and seek professional representation before acting on any information you may have found in this article. This article is in no way attempts to provide advice that relates all personal circumstances.

Examples given are hypothetical illustrations and not an indication of the benefits or features of any USAA product. You should seek policies and advice based upon your own particular circumstances. Sample loans are for illustration purposes only and are not a rate quote, pre-approval, or commitment to lend.

Scott Halliwell and JJ Montanaro are CERTIFIED FINANCIAL PLANNER™ practitioners with USAA Financial Planning Services, one of the USAA family of companies. Certified Financial Planner Board of Standards, Inc. owns the certification marks CFP® and Certified Financial Planner™ in the United States, which it awards to individuals who successfully complete CFP Board's initial and ongoing certification requirements.

USAA Financial Planning Services® refers financial planning services and financial advice provided by USAA Financial Planning Services Insurance Agency, Inc. USAA Financial Planning Services Insurance Agency, Inc. (known as USAA Financial Insurance Company in California, Lic. #0E36312), a registered investment adviser and insurance agency and its wholly owned subsidiary, USAA Financial Advisors, Inc., a registered broker dealer. (known as USAA Financial Insurance Agency in California), a registered investment adviser and insurance agency and its wholly owned subsidiary, USAA Financial Advisors, Inc., a registered broker dealer.

USAA means United Services Automobile Association and its affiliates. Investments provided by USAA Investment Management Company and USAA Financial Advisors Inc., both registered broker dealers. Banking products provided by USAA Federal Savings Bank. Credit cards provided by USAA Savings Bank. Both Banks Member FDIC.