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Asked 8 months ago - Adamstown, MD
FlagMy soon to be ex is in the military, and has not answered the writ of summon which was served and has not shown up to any hearings. Court requested my lawyer get a letter from their command stating their military obligation is not hindering him from partipating in the divorce. I contacted the command and they say its a civil matter that they won't get involved with. What do I now? It's been 9months and every time I go to court, the judge just reschedule because of him being the military. The court won't approve a default as well .
I don't see why your attorney can not file a motion for default and make just that assertion - that the military obligation is not interfering with the proceeding and that you have made a good faith effort to reach out to him. Serve the motion properly, which gives him an opportunity to respond, and if he doesn't - hope that the court grants the default and you proceed without him.
The military has various rules for cooperating in the service of process.
One of the points that a military member is sometimes told by the military is never answer or show up when you believe that Servicemembers Civil Relief Act is a "defense" to being in court.
Has not the judge appointed counsel for you husband?
Also, you say he was served, but I have seen instances where that has not happened for a deployed Soldier, etc.
Some courts are very cautious when it comes to default judgments against servicemembers, with some attorneys even believing that it can't be done.
However, if your husband was validly served but won't enter an appearance the Court can follow the procedure set out in the Servicemembers' Civil Relief Act, See: 50 U.S.C. App. ยงยง 521, 522
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