Divorce is complicated enough without orders to deploy hanging over your head. If you or your spouse are active-duty military and facing divorce in Florida, you may wonder: What happens to the divorce process if one of us deploys?

Here’s what you need to know to protect your rights, stay on course, and minimize extra stress during an already tough time.

The Impact of the Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) is a federal law designed to protect active-duty military members from being disadvantaged in civil legal proceedings while serving. That includes divorce cases.

Under the SCRA, a deployed service member can request a “stay” (temporary halt) of divorce proceedings if their military duties prevent them from participating. Florida courts generally respect these stays, but they are not automatic — a formal request must be made.

Related: Military Divorce in Florida Overview

How a Stay Affects the Divorce Timeline

• Delays: A stay can initially last for 90 days but can be extended depending on the circumstances.
• No Default Judgments: If the military spouse can’t appear, the court cannot move forward without properly addressing their rights.
• Strategic Planning: It’s important to plan ahead if deployment is on the horizon to avoid unnecessary complications.

Filing for Divorce While Deployed

Florida law allows service members stationed outside of Florida to still file for divorce here under certain residency rules.

• If Florida is your “home of record” or you have maintained residency (e.g., driver’s license, voting registration), you can file in Florida even if you’re overseas.
• An experienced attorney can help manage filings, hearings, and deadlines while you are away.

Related: Florida Residency and Military Divorce: Why It Matters

Handling Custody and Parenting Plans During Deployment

Custody can become one of the trickiest parts of a military divorce when deployment is involved.

• Florida courts focus on the best interests of the child.
• Courts may allow “delegated visitation,” meaning the deployed parent’s time-sharing rights can temporarily transfer to a close relative (like a grandparent) while deployed.
• Parenting plans must often include deployment clauses that address communication, visitation during leave, and adjustments when deployment ends.

Related: Child Custody and Parenting Plans When One Parent is Active-Duty Military

Tips for Managing a Divorce During Deployment

• Communicate Early: Let your attorney and the court know about your deployment as soon as possible.
• Use Technology: Virtual meetings, online mediation, and electronic signatures can help you stay involved.
• Request a Stay When Necessary: Protect your rights by filing for a stay under the SCRA if deployment duties interfere.
• Have Backup Plans: Build flexibility into parenting and financial arrangements to account for unexpected changes.

Coming Soon: Tips for Active-Duty Service Members Filing for Divorce in Florida

Final Thoughts

Military deployment doesn’t stop the possibility of divorce, but it does change the game. If you’re facing divorce while serving, it’s critical to have a Florida attorney who understands both state family law and the unique challenges that military families face.

At Melendez Law Office, we’re committed to helping service members and their families navigate the complexities of military divorce with clarity, care, and confidence.

Ready to take the first step? Contact us today for a consultation.