Yes, your spouse can file for divorce while you are deployed. As a member of the military, civil cases can be started even in your absence.
That being said, your deployment may mean that it is impossible for you to appropriately address the civil suit that is pending against you. You may not be able to respond to the divorce petition, for instance. You may not even learn about your spouse’s intent to divorce you in a timely manner. You certainly cannot attend any court hearings. It can be difficult to address numerous concerns, such as making financial disclosures or looking into your child custody rights.
For these reasons, it is important to know that the Servicemembers Civil Relief Act, or SCRA, gives you the option to ask for a stay of the divorce proceedings.
How long does this stay last?
If you apply for a stay under the SCRA, it initially starts out as a 90-day stay. However, if this is not long enough, you can request another 90 days.
The intent of this legal protection is to give you a chance to return to the United States. Once you finish your deployment, you can return home and begin gathering documentation, talking to a divorce lawyer and addressing all paperwork requirements. You can schedule hearings and be involved in the divorce.
It would be unfair to you if your spouse could simply divorce you and end the marriage without your involvement. So, while the automatic stay certainly does not prevent your spouse from filing for divorce, it can delay the process significantly.
Navigating a military divorce
This is just one of the ways in which military divorces can become more complicated than civilian divorce cases. It is imperative that you know exactly what legal rights you have.