What to do if my wife wants a divorce while I’m deployed but I want to be present?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my wife wants a divorce while I’m deployed but I want to be present?
I am currently deployed in Afghanistan and my wife is talking about divorce; she is threatening to send me papers while I’m over here. I would like to have the chance to make things right or at least be present during the divorce instead of over here with no power at all. I was wondering if that is totally legal and if there is anything that she can do to force me to while I’m over here?
Asked on June 21, 2012 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Texas has a Servicemembers Civil Relief Act which actually helps with the relief that you are seeking. If she serves you with papers, then you can file an application for a "stay of of proceedings," based on this act. Stay means that everything is post-poned for a period of time-- until you can get leave to come back and defend yourself in the divorce action. To perfect your motion, you'll need to inlcude the following:
(A) A letter or other communication setting forth facts stating the manner in which your current military duty assignment materially affects your abiility to appear and stating a date when you will be available to appear.
(B) A letter or other communication from your commanding officer stating that your current military duty prevents your appearance and that military leave is not authorized for you at the time of the letter.
If possible, try to give the court an idea of when you will be available to return to the states. It's a bit tedious, but you don't have to worry about the motion until you are actually served with papers.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.