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Can Active Military Deployment Delay a Georgia Divorce?

Posted by Rebekah A. James on 04/06/2026

What Servicemembers Need to Know

When a spouse is deployed overseas, particularly in an active-duty location, participating in a divorce proceeding can be extraordinarily difficult. A servicemember may ask: Can military deployment pause the case?

Under both federal and Georgia law, the answer is often yes, provided specific legal requirements are met.

Federal Protection Under the Servicemembers Civil Relief Act (SCRA)

The Servicemembers Civil Relief Act (SCRA) protects active-duty servicemembers whose military obligations materially affect their ability to participate in civil litigation, including divorce proceedings.

If a servicemember can show that military duties materially affect their ability to appear in court or participate in litigation, the court is required to grant a minimum 90-day stay upon proper application. Importantly, this protection extends beyond courtroom appearances. It also applies to responding to discovery requests, gathering documents, and meaningfully assisting counsel.

To qualify for the mandatory stay, the servicemember must submit:

1. A written statement explaining how military duties materially affect the ability to participate and providing an estimated date of availability; and

2. A letter from the commanding officer confirming that current military duties prevent participation and that leave is not authorized.

Georgia courts recognize that when a servicemember properly complies with the Servicemembers Civil Relief Act (SCRA) and demonstrates that military duties materially affect the ability to participate in litigation, a stay is generally required. So long as the statutory documentation is submitted, courts must grant the mandatory stay, unless there is affirmative evidence showing that military service does not materially impair the servicemember's rights.

At the same time, SCRA protections are not automatic. The servicemember must affirmatively request relief and provide sufficient supporting documentation, including evidence of active-duty status and an explanation of how military obligations prevent participation. If the required materials are incomplete or missing, a court may deny the request.

Georgia courts also retain limited discretion in evaluating whether military service truly prevents meaningful participation. A stay may be denied if the evidence shows that service obligations do not materially affect the ability to respond, appear, or assist counsel. However, any denial must be grounded in competent evidence, not assumptions or speculation about the servicemember's availability.

Additional Protection Under Georgia Law

Georgia law provides independent support for continuances, requiring a judge to continue a case if military service prevents a party's attendance. Counsel must state under oath that they cannot safely proceed without the servicemember's presence.

The court's discretion must be grounded in factual evidence demonstrating whether military service materially affects the ability to defend the case.

As with the SCRA, unsupported statements are insufficient, and sworn evidence is required.

Bottom Line


A deployed servicemember may be entitled to delay a Georgia divorce proceeding under both federal and state law.

Under the SCRA, a 90-day stay is mandatory if the servicemember provides:

· A statement explaining how deployment materially affects participation; and

· A commanding officer's letter confirming military duty prevents involvement and that leave is unavailable.

Additional stays may be granted if the material effect continues.

However, without proper documentation, courts may deny the request. For deployed servicemembers, careful compliance with statutory requirements is essential to securing the protections the law provides.

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Family Law (general)
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