If you file for divorce while your spouse is deployed or on active duty for an extended time, the Service members Civil Relief Act (SCRA) is a federal law that protects the active-duty military members against civil court proceedings among many other protections. A divorce summons and petition is the commencement of a civil court proceeding against an active duty military member and as such protects the active-duty military spouse against default.
The SCRA permits the court to delay divorce proceedings for the duration of the military member’s active duty. If the deployed spouse chooses to waive the divorce process postponement. However, in this case, the active-duty member should hire an attorney to protect his or her rights during the divorce.