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How to File for a Divorce in the Military | 3 Step Divorce

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If at least one spouse is active in the United States Military (Armed Forces) you will be doing what is often referred to as a "Military Divorce".

The uncontested military divorce process is very similar to the standard uncontested divorce process, except for a few additional statements or clauses which are included in the documents. These statements or clauses pertain specifically to the provisions of 50 App. Section 520, Civil Relief Act of 1940 and pursuant to the Soldier's and Sailor's Civil Relief Act of 1940.

The Soldiers' and Sailors' Civil Relief Act of 1940 ("SSCRA") was designed to safeguard and protect the interests of persons in the military service. The intent of Congress was to give peace of mind to the service person by granting special protections to his or her rights and property interests while he or she labors in the service of the country. The provisions of the Act allow the soldier or sailor to have his or her legal rights secured until he or she can return from the military to defend him or herself.

In plain words, "The act protects a soldier's legal rights while serving the country, therefore not permitting a spouse to get a divorce without his or her knowledge."

This Act has been in force continually since 1940. It applies at all times, not just when the U.S. is at war. The primary benefits are granted directly to persons in the military service. "Person in military service" is defined to include full-time members of the Army, Navy, Air Force, Marines, Coast Guard, officers of the Public Health Service (when detailed by proper authority for duty with the Army or Navy), and those persons who are on active duty with the reserves or the National Guard. For those full-time members of the five branches of the service, the protections apply from the date of entry into the military; for those who are in the reserves or the National Guard, the protections start when they are called up to active duty. The period of military service terminates with the date of discharge from active service or death while in active service.

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