Military Question

Me and husband got married in Texas, dual military. I’m currently deployed. We were separated for awhile back in Texas and now he’s stationed in ft.bragg. He’s filing for a divorce and has a court date in September. Obviously I won’t be able to make the court date but do I still have to be served for the divorce to go through?? And I also spoke with my chain of command and they feel like me getting divorced why deployed is a hard thing to do go through so they want me to use my civil service act to stop the process until I get back to America next year. Is this something that would work in my case?

Your husband will not be granted the absolute divorce unless you are properly served and an attorney has been appointed to represent you or you make an appearance in court. A judge cannot enter the absolute divorce knowing that you are currently in the military, and a judge would know this because your husband would be required to complete a Servicemembers Civil Relief Act Affidavit and sign it under oath.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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