Navigating Divorce When Your Military Spouse is MIA

Understanding the First Steps in MIA Divorce Proceedings 

When a military spouse becomes unreachable during divorce proceedings, the first step is to determine whether their absence is due to legitimate military duties or if they are intentionally avoiding the process. The attorney will begin by asking detailed questions about any available contact information and attempts to locate the spouse. If these efforts fail, there are resources like a public website that confirms if a person is actively serving in the military. If confirmed, the next step is often to reach out to the ombudsman assigned to the military branch, who can liaise with the spouse’s command. If no contact is made, legal options must be explored.

Challenges in Determining the Absence 

Determining whether a spouse is truly missing or just unreachable due to military duties can be challenging. Military personnel, particularly those stationed in combat zones or on ships with limited communication capabilities, may have sporadic contact. Legal professionals must gather as much information as possible about the spouse’s whereabouts, training, and military assignments. If communication lines are not open due to the nature of their military duties, the attorney will work to investigate further by contacting the military command.

Military Support in Confirming MIA Status 

The military can be helpful in confirming whether a spouse is unavailable due to their duties. If a civilian spouse is trying to contact their military partner, the military has policies that ensure a spouse is not left unsupported. Military commands are required to assist families, particularly if children are involved. While different branches of the military may have varying levels of responsiveness, the Navy is often more cooperative than the Marines, especially if the spouse is on a ship with communication limitations.

Custody Arrangements When a Parent is MIA 

When a military spouse is MIA, it can affect custody arrangements, particularly if the absent parent is the non-custodial parent. Courts are likely to grant custody to the parent who currently cares for the child to ensure stability during the other parent’s absence. The Servicemembers Civil Relief Act (SCRA) can offer protections if the absence is due to military duties, and the military often requires that a family care plan is put into place if a parent is deployed long-term. This plan ensures that the child’s needs are met even if the service member cannot participate in the legal process.

Filing a Motion Under the SCRA 

The SCRA provides legal protections for military personnel who are unable to attend court proceedings due to their service. Filing a motion under the SCRA involves two steps: first, the civilian spouse files a declaration under penalty of perjury explaining all efforts to contact the missing spouse. Next, the court will determine if an SCRA attorney should be appointed to confirm the military spouse’s status with their command. If the spouse is avoiding the proceedings, their command will typically intervene and the legal process can continue.

Impact on Asset Division in MIA Cases 

In cases where a spouse is MIA and communication cannot be established, the court protects the interests of the civilian spouse through automatic restraining orders. These orders prevent the military spouse from altering life insurance beneficiaries or making significant changes to bank accounts and assets. However, if the case is delayed due to military duties, the division of assets may be temporarily frozen until the spouse can participate in the process.

Delays and Complications in MIA Divorce Cases 

Military divorces involving an MIA spouse often result in delays. However, courts now use technology to facilitate communication and resolve issues more efficiently. Virtual meetings and email have made it easier to keep proceedings moving, though temporary custody and financial arrangements may be required. In some cases, the court may expedite hearings for military personnel who are about to deploy or leave for an extended period, allowing temporary orders to be made before their departure.

Steps to Take if a Military Spouse is Evading Divorce Proceedings 

If a civilian spouse suspects their military partner is intentionally avoiding the divorce proceedings, they can start by checking social media for any signs that the spouse is still stateside. Many individuals post updates or check-ins online that can help confirm their whereabouts. Reaching out to mutual friends and family is another step before contacting the spouse’s military command. It’s important to approach the situation delicately to avoid escalating tensions or making the military spouse feel undermined.

Division of Military Benefits During an MIA Divorce 

When a spouse is MIA during a divorce, the division of military benefits, such as pensions and survivor benefits, is typically frozen until there is a court order. However, if the military spouse is retired or no longer active duty, the process can be more complicated. In these cases, if the spouse is uncooperative or unreachable, the court may issue a domestic relations order to divide military benefits. If necessary, the court can assign an attorney to handle the division, even if the missing spouse refuses to cooperate.

Legal Steps for Uncooperative Military Spouses 

In rare cases, if a military spouse continues to evade legal proceedings, the civilian spouse can ask the court to have the clerk of the court sign the documents on behalf of the absent spouse. This process is complicated and requires showing proof of all efforts made to contact the spouse. Legal steps also include reaching out to the Department of Finance and Accounting Services (DFAS) or the Department of Veterans Affairs (VA) for assistance in tracking down missing military members. This is a highly technical process, but it can be effective if the missing spouse refuses to cooperate.

Divorces involving a military spouse who is MIA add an extra layer of complexity to an already challenging process. By understanding the steps involved in dealing with military duties, utilizing the protections offered by the SCRA, and taking careful legal actions to protect the civilian spouse’s rights, many of these challenges can be navigated.