Are you or your spouse actively serving in the military? The status of you or your spouse as active military may affect your Pennsylvania divorce.
The Federal Service members Civil Relief Act of 2003 requires you to state that your spouse is not a member of the armed forces of the United States. If your spouse is in the military, you can still proceed with this divorce as long as he or she is available to participate in the proceeding (i.e., is not in a location that will prevent contact and/or participation) and signs the DEFENDANT’S AFFIDAVIT OF CONSENT, which will be prepared later.
If your spouse is not active military you can answer the question, “How do you know that your spouse is not in the military?” with a response such as “At no time during our marriage have I ever witnessed my spouse report to or make contact with military personnel” or “My spouse was discharged.”