I want to divorce my husband who's in the military and threatened to hurt and kill me. He has psychological issues...my options?

Asked about 2 years ago - Rialto, CA

He is currently overseas in Afghanistan but has had "depression" for a year before. I dont know my options we have 2 kids been married 3 years, should I file a restraining order? Divorce him? Since I have kids, how will I file spousal and child support for my boys and with his issues and stuff..will he have a right to see my kids? He has always been violent and now its gotten worse. Thank you.

Attorney answers (2)

  1. Michael Charles Schwerin

    Contributor Level 17


    Lawyer agrees

    Answered . You will need to have a consultation with a family law attorney who knows something about the Servicemembers Civil Relief Act. The act contains provisions on how to divorce someone who is in the military and also has provisions for dealing with support for the family. It is complicated and you are not likely to be able to do it on your own. Servicemembers have special protections when they are stationed overseas but their are also provisions to protect the family.

    Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation... more
  2. Edmund Lee Montgomery


    Contributor Level 16


    Lawyer agrees

    Answered . It would be hard to get a restraining order against him since he is currently stationed overseas. Restraining orders take a current incident of abuse to get temporary orders.
    That does not mean you cannot get restraining orders in the future.
    You need to start your case by filing a Petition for dissolution and having him served. Since he is in the military the court will have to appoint an attorney to represent him to make sure he understands that a dissolution has been filed.
    You would then seek to secure court orders for custody and support issues.
    You should seriously talk with a family law attorney to discuss your options. Him being in the military does create some unique problems for your case that can be easily handled.

Related Topics


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

Divorce and Spousal Abuse

Divorce is always an option for someone who is being abused by his or her spouse. The freedom to leave your marriage is an American right.

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