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Joined: Mar 2002
Posts: 338
Member
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OP
Member
Joined: Mar 2002
Posts: 338 |
Does anyone know the procedure one would have to go through to obtain a divorce while husband is in the military? Can you divorce them if they are out of the US for a period of time or do you have to do it while they are here? Also, do you have to go to where they are, or can you file from another state. I am asking for someone else and I don't have a clue. Thanks for any info.
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Joined: Oct 2002
Posts: 4
Junior Member
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Junior Member
Joined: Oct 2002
Posts: 4 |
I'm also in the military and from what I have seen over the years is yes she can file for divorce no matter where he is. However he can file Soldiers And Sailors Act and everything will be put on hold until he returns. If he is willing to do the divorce while he is away he can, but if he is not willing and files for S.A.S. she will have to wait until he returns. And yes she can do it from where she is at, she does not have to go to him. Hope this helped.
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Joined: Oct 2002
Posts: 3
Junior Member
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Junior Member
Joined: Oct 2002
Posts: 3 |
Ya, Im also military and my wife has been consulting a lawyer from where she is at about our divorce and the only thing that took a while was they would not let her file unless she had been in the state for at least 4 months. When it does happen ill just have to sign stuff and mail it down ect ect and i think you can do the court part with him on the phone so he doesnt have to actually be there.
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Joined: Sep 2002
Posts: 61
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Joined: Sep 2002
Posts: 61 |
If you don't want to wait to establish residency just have the military change your "home of record" to the state you want to file in. Spouse can waive his right to be at the divorce hearing so it can all happen w/out him. Laws will apply according to the state you apply in, not the military so watch out!
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Joined: Mar 2002
Posts: 338
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OP
Member
Joined: Mar 2002
Posts: 338 |
Thanks so much for the replies. I'm in a hurry but I thank you very much.
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