Summons for Divorce


#1

Hello I have been summons with the papers from my soon to be ex attorneys for an absolute divorce. We have been separated for a year and one day.I am currently living in Fl and have been for the past 8 months. Can I now have an attorney assist with the paperwork for the divorce? The only part that I am contesting is that his attorney mention that he is a resident of NC, currently working overseas and has been there for more than six months. That part is not correct he was reassigned to Texas and reported to TX around the 9-11 Jan 2010 and his unit just left for combat (Afghanastain) somewhere between June 16-18 2010. Also it states the the employment of counsel for the plaintiff will be consummated upon the entry of judgemnet in the matter and it is the plaintiff’s desire that counsel be permitted to withdraw as attorney of record. To this part of the summons, No knowledge known. Also states in the paperwork that was attach to the summons is that we entered into a separation agreement and property settlement on Dec 16 2009. It states paragraph 22 of the judgment of absolute divorce. However, it also states that the appropriate provisions for the division of military retiremnet consistent witht he terms of the agreement will be entered at the time of the granting of an absolute divorce. Paragraph 22 in the separation agreemnet is No Incorporation. Does all the separation agreement get entered into the divorce decree? Also can a soldier submit a divorce while in combat zone? Also can an family hardship be put in place to delay the divorce. My mom just recently found out she has cancer, my dad has alizhmere and just had a qualddripper bypass heart surgery and I am currently seeing a doctor due to my health issues. I was told by a family friend that me being the only child and my parents need me to assist them that a family hardship could be sent up to the judge to delay the divorce hearings. Also in our agreement he agreeded to turn over a life insurance which he is the insuraed party and as of Jan 1 2010, wife should become the owner of that insurance policy and keep it as long as wish to keep it make the payments on it. To this day still nothing. Once divorce will he have to do this, and if not isn’t that a contemt order? Also we agree to SBP which has to be printed out by the soldier, filled in, witness and notorized and then I have to do the same and then has to be fax to DFAS along with divorce decree and this has to be done and submitted one year within the divorce or its no good. Once divorce the formal spouse is no longer entitled unless otherwise in divorce decree or court order. I know for a fact that he is still recieving full BAH which he should not due to he walked out of the house on July 25 2009 and now he is currently recieving family separation pay for combat zone. If you could please answer my questions and let me know I would really appreciate it. I was told that I can have an attorney from Fl now to assist me with my summons for divorce and I just want to know about the family hardship being submitted due to family health concers and issues.

thanks


#2

You may have an NC attorney represent you in the NC divorce action. If you deny the allegations in the Complaint you will need to file an answer stating your objections. The court will then have a hearing to determine which set of facts are correct. If your ex is not a resident of NC, the divorce action cannot proceed in this state and will be dismissed.

The attorney’s withdrawal is standard. Attorney’s normally withdraw as part of the final Order in a case.

A separation agreement cannot be incorporated into a divorce decree if the Agreement as a No incorporation clause.

A soldier can file for divorce while in a combat zone. You cannot delay a divorce based on hardship.

As for his failure to follow the agreement with respect to life insurance, you may file a breach of contract action. No action for contempt lies, as the agreement is not an Order, but a contract.