Introduction
Divorce is a difficult process even under the best of circumstances. It can be particularly daunting for individuals who are currently stationed overseas. In Ohio, there are specific procedures that must be followed for a divorce to be granted, even if one of the parties is not physically present in the state. This article will provide information on the requirements for getting a divorce in Ohio while stationed overseas.
Residency Requirements
Ohio law requires that at least one of the spouses must have been a resident of the state for at least six months prior to filing for divorce. This requirement remains in effect even if one spouse is currently living out of state or overseas. If one spouse is stationed overseas and the other is still living in Ohio, the spouse in Ohio may file for divorce in the county where they live.
Ohio’s Servicemembers Civil Relief Act
Ohio’s Servicemembers Civil Relief Act (SCRA) provides certain protections for military service members stationed overseas. Under the SCRA, a military member who is unable to appear in court due to their military duties may be granted a continuance. In the context of a divorce proceeding, this means that if the military member cannot physically attend a court hearing in Ohio, they may be able to request a delay until they can return to the state. Additionally, the SCRA may prohibit a court from granting a default judgment against a military member who is unable to appear in court due to their military service.
Military Legal Assistance
For military members stationed overseas, there are resources available to help them navigate the divorce process. Each branch of the military has legal assistance offices that provide free legal advice to service members. These offices can provide guidance on the divorce process in Ohio, including how to file for divorce while overseas and what steps a service member can take to protect their legal rights.
Conclusion
Getting a divorce while stationed overseas can be a daunting process, but it is possible. If you are in the military and are considering divorce or are already going through the process, it is important to seek out resources and legal assistance to ensure that your rights are protected. Ohio’s Servicemembers Civil Relief Act can offer protections for military members facing divorce proceedings, and military legal assistance offices can provide guidance on navigating the process while overseas.