You may not be aware that having a spouse in active military service can affect your Pennsylvania divorce. Even if the dissolution of the marriage is a mutual decision, your spouse’s military status could affect the filing, timeline, and outcome of your case.
Whether you are looking to file a simple no-fault divorce or your case is more complex, Petrelli Law can handle your military divorce case in a caring and professional manner.
Are there special laws that apply to Pennsylvania military divorce?
Yes. The Federal Service Members Civil Relief Act of 2003 requires any person seeking a divorce to state that their spouse is not currently a member of the United States armed forces. This is meant to prevent spouses from seeking divorces from service members who would be unable to attend divorce proceedings.
If your spouse is a member of the military, you can still pursue a divorce as long as they are deployed and consent to the divorce proceedings. They must also sign a defendant’s affidavit of consent. If you are a member of the military and are presently deployed, you may file for divorce while deployed in the last state you resided in for 6 months or more, or in the home state where you pay taxes.
What makes military divorce different?
Aside from a few specialized rules, a military divorce is very similar to civilian divorce. Many of the forms you complete will have the same information. In the state of Pennsylvania, if you and your spouse have no financial or custody disputes, you may file for an uncontested (no-fault) divorce.
If, however, you and your spouse have different opinions on child custody or division of assets, an experienced divorce lawyer can mediate your dispute and help you draft a settlement agreement. When signed, this agreement is a legally binding document that cannot be broken.
Contact Our Lawyers for Assistance
If you or your spouse is an active service member in the United States Army, Navy, Air Force, Marines or Coast Guard, contact Petrelli Previtera Schimmel, LLC today for professional legal advice on your military divorce.