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Asked 6 months ago - Asheville, NC
FlagI'm going to make this as short as I can... Married in April 2010, separated in July 2010 (Not legally, I moved out of our home near his base and back to my home town). July 2011 rolled around, my spouse never filed for divorce even though he told me he filed multiple times and told me that I should be receiving the paper work. He's been receiving $$ from the Army since the day we got married, I haven't seen a dime of this since July 2010 when I left. I have been unemployed and not financially able to file for divorce. Now he is deployed to Afghanistan, still getting extra $$ from the Army for our marriage. I'm now employed. Can I file for divorce while he is deployed, or do I have to wait until he returns from deployment? Will I be entitled to any of the $$ he's been getting?
You can file for divorce while he is deployed, however he may invoke a stay under the Servicemembers' Civil Relief Act until his military service no longer prevents him from appearing and defending. Of course if you and he agree on the terms of a settlement, you can do so whether he is deployed or not.
In the meantime, he is required to support his dependents. You can go through his chain of command, or you can talk to the JAG office nearest you.
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