Dealing with Divorce and Other Family Law Matters While in the Military

The law intentionally has put protections in place so that your spouse or former spouse cannot proceed with a dissolution or other civil family law matter against you while you are on active duty and away from your home state. If you are on active duty and are unable to return to Indiana for your court appearances, the Service Members Civil Relief Act allows you to ask the court to delay proceedings while you are unavailable due to military service assuming you meet certain criteria. If you find out you have court on any civil matter, you can hire counsel to file a petition on your behalf to stay the proceedings. Some of this criteria includes being an active member in the military, explaining the reasoning why your current assignment will not allow you to appear, and getting documentation from your commander explaining why you will not be able to attend the proceedings. The Court will delay these civil proceedings for at least 90 days, assuming you satisfy all requirements. You may also ask for time in addition to the 90-day stay depending on the circumstances.

If you find yourself in this situation, call us to discuss your options at (317) 825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.