My husband deploys the first week of November and I am trying to file for divorce but he says it won't go through until 30 days after he returns. Is this true?
I am sorry that your marriage did not work out. Most states have a "soldiers and sailors relief" type act which protects deploying men and women from court actions, etc. Check with the court or a local attorney. Take care and hope that things work out.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
You may be able to file for divorce before he deploys, but you would have to act very quickly. In Florida, the law protects active duty military members from being held in “default” by failing to respond to a divorce action in order to protect active military from being divorced without knowing it. Based on The Soldiers and Sailors Civil Relief Act and the court's discretion, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter. This right to have divorce proceedings postponed can be waived by the active duty member. Feel free to contact my office for a free consultation. (321) 327-3512.
You can file for divorce.
If he contests it then he can exercise his right to try and delay proceedings under the Servicemembers Civil Relief Act. You are required to disclose his military status as part of your filing.
firstname.lastname@example.org 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.