What Happens When Military Duty Gets In The Way Of Your Divorce?

You may have filed for a divorce with your spouse, but then realized you were not ready to proceed right away. This can easily happen if you are in the military and something unexpected comes up.

A Texas court may dismiss your case for want of prosecution if it is inactive for too long, but there are ways you can get around this issue.

Make Rearrangements

It is better to make rearrangements sooner than later if you have to. Before filing a petition, you should speak to your commanding officer about setting time aside for the court proceedings. Also, under the Servicemembers Civil Relief Act, you can ask the court to postpone your proceedings for at least 90 days if your duties get in the way.

Prepare for The Dismissal Hearing

If you neglect to request a delay, the court may consider dismissing your case. The dismissal hearing will be your chance to show the judge that your absence was on reasonable grounds. If you are successful in this, the court will arrange for a new trial and notify you about any deadlines.

File a Motion for Reinstatement

You should also prepare for things to go the other way. If the judge signs an order of dismissal, you or your spouse will have 30 days to file a motion to reinstate the case (unless the court gives a different timeframe). You will then have another opportunity to prove that you missed a proceeding because of unforeseen duties.

Divorce is difficult on its own, but even more so when you are active in the military. Understanding how courts handle these situations should help you get your plans in order.