Is there any way I can divorce my husband while he's deployed?

Asked over 4 years ago - Colorado Springs, CO

My husband is extremely emotionally and verbally abusive towards me and our 2 year old. We've tried counseling and it's not helping. He's even had dv charges against him but his case was dismissed. I'm afraid of him and what he will do to me if I try to divorce him while he's stateside. I just want to get me and our daughter away from him for good. I feel the only way to get us both away safely is to do it while he's deployed. We live in CO. if I divorce him can I go back to my home in another state? I have no help out here, I have no family, friends etc. I don't want to ruin his career or his life in any way at all, I just want to get away from him. Any info would be very helpful.

Attorney answers (2)

  1. Ann Catherine Gushurst

    Contributor Level 8

    Answered . Colorado is a no fault state - so you do not have to have grounds other than declaring that your marriage is irretrievably broken. Your spouse has protection against divorce under the Soldier's and Sailor's Act, but that does not leave you unprotected. I strongly recommend you seek a good divorce attorney in the Springs, as most of them have a good working relationship with JAG and are knowledgeable regarding divorce involving a spouse who is serving in the military. Good Luck.

  2. Theodore W. Robinson

    Contributor Level 20

    Answered . My first suggestion is you speak to the JAG officers on the base where you're located, if you're located on a base and even if not, seek one out and speak to them. They come across this all the time and they will be best able to advise you of your options.

    Basically, on a state basis, you normally have to have grounds for divorce in order to obtain one, but from the little you said, you more than likely have grounds. If not JAG officer has any advice for you, then seek out a matrimonial attorney and ask about grounds to start a divorce.

    Good luck.

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