Do I have to wait to file for divorce because my husband is deploying?

Asked almost 2 years ago - Ocala, FL

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?

Attorney answers (3)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Answered . 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... more
  2. Philip Douglas Cave

    Pro

    Contributor Level 17

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    Lawyers agree

    Answered . 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.

    mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client... more
  3. Maureen Elizabeth Haas

    Contributor Level 9

    3

    Lawyers agree

    Answered . 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.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorce in the Military

Divorces involving one or both spouses serving in the military involve unique rules and different complications compared to civilian cases.

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