March 07, 2010
/24-7PressRelease/ --
Military Divorce Rates on the Rise
Our servicemen and women make incredible sacrifices to protect our freedoms. Risking life and limb is not the least of it. In addition, the time spent away from family and friends places powerful stresses on marriages and family relationships. Divorce rates among members of the armed forces have risen significantly over the last decade. In 2001, the military divorce rate was at 2.6 percent. That rose to 3.6 percent today.
Military couples face great challenges to their marriage due to long separations, infrequent communication and numerous relocations. The nature of today's military efforts adds the additional stress of long, drawn-out and, often, repeat deployments. If a deployed spouse or the state-side spouse decides to file for a divorce, there are laws in place making it different from a typical divorce action.
In 2003, Congress enacted the Servicemembers Civil Relief Act (SCRA) to enable servicemembers to devote their attention to the nation's defense with minimal distraction from civil actions such as divorce. Under this law, if a state-side spouse files for divorce, the deployed spouse has some protections. For example, the court must put the proceedings on pause for 90 days at the servicemember's request. Also, if the servicemember fails to make this request, or if the 90 days expire without a request for additional time, the court must appoint an attorney to represent the deployed spouse.
The state-side spouse filing for a divorce must file paperwork with the court stating whether the other spouse is on active military duty or stating that he or she is unable to determine whether the other spouse is on active military duty. SCRA provides an additional protection in this regard: if the court enters a default judgment against a deployed spouse, the deployed spouse can reopen the case upon proof that their service affected their ability to participate in the proceedings.
These protections for deployed spouses are not intended to prevent divorce, but rather to level the playing field when a party to the divorce action is severely limited in their ability to participate in the proceedings. With 56 percent of our servicemen and women juggling a marriage along with protecting the country, laws such as SCRA are critical to their well-being.
Article provided by Law Office of Raymond B. Benzinger, P.C.
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www.benzingerlawfirm.com---
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