Can I file for divorce while on active duty in the military?
Yes, you can file for divorce while on active duty in the military in Maryland. The federal Servicemembers Civil Relief Act (SCRA) outlines specific protections for members of the military, including the ability to file for divorce while on active duty. Under this law, military personnel who are on active duty may choose to file for divorce in the state in which they are stationed or the state in which their spouse resides. If you file for divorce while on active duty in Maryland, the court must stay proceedings until you have been released from active duty for at least 90 days. This provision helps protect servicemembers from undergoing undue stress and pressure while on active duty. Furthermore, Maryland courts must apply the most favorable option when addressing issues like division of marital property, child custody, and spousal support. In addition, you should hire an attorney who is knowledgeable about military divorce law and is familiar with the SCRA. An experienced attorney can ensure that you receive the necessary protections under the law and that your rights are respected throughout the proceedings.
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