My spouse refuses to sign, show up for court hearings, etc. He is military. I want to do the divorce myself with a missing spouse. I need to know where to start the paperwork process, do I need to contact jag? or can I file missing spouse. We do not have any minor children, it would be a simple dissolution of marriage.
The simple answer is that you just go ahead and file the Petition or Complaint for Divorce and have your spouse served. If he does nothing that is his problem.
You have a greater problem, however, because members of the service have protection in the law because of their military service. You should consult with a lawyer about this and the way to proceed because there are some requirements that have to be done if he ignores everything.
JAG does not handle divorce so don't involve them. You have to file in the state you live in and proceed from there. There are ways, by the way, of finding someone in the military which your lawyer will know.
Because your spouse is in the military, you'll have no choice but notify the court of this and have him served through the military base adjutant. This will take longer or you can hire an attorney to write him with proposed paperwork and try to mediate an agreement so that you can file uncontested paperwork and get the dissolution completed more swiftly. Good luck!
Maria Kazouris, Esq. (http://legalresults.net). IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" please mark it as such. Avvo issues points for my participation. Disclaimer: This information it is only provided as friendly information and is not intended as legal advice for an individual situation. We recommend you consult a lawyer to be sure that this information, and your interpretation of it, is appropriate to your particular situation.
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