How to Divorce if Your Spouse Is in the Military
- 1). Contact an attorney if you wish to obtain one. Most attorneys require payment of a retainer fee before they will take your case. Contact the county clerk in your county to determine what papers you must file if you do not wish to retain an attorney. Notify your attorney that your spouse is in the military.
- 2). Complete the appropriate divorce forms or provide your attorney with the information he needs to complete them. File them with the county clerk or have your attorney do so.
- 3). Serve your request for divorce on your spouse. If your spouse is deployed, you may send them through registered mail; however, deployed service members are protected by the Servicemembers Civil Relief Act. The SCRA prevents courts from entering any judgment --- including one of divorce --- without the consent or proof of knowledge of the service member.
- 4). Wait to receive the divorce agreement back from your spouse. When you or your attorney receive a signed agreement, file it with the court.
- 5). Attend your divorce hearing if one has been scheduled for you. If you have met your state's requirements for divorce to be granted, such as the passage of a set amount of time, the judge will grant you a divorce.