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Old 08-26-2008, 05:42 PM
 
2 posts, read 8,148 times
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My stepdaughter and her new husband of 1 year are both in the air force. She has filed for divorce, he told her he would contest the divorce and stall it as long as possible. Does anyone know any basic information on this i could pass along to her?
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Old 08-27-2008, 06:51 AM
 
Location: San Antonio
1,289 posts, read 3,258,360 times
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Unfortunately she needs to retain a lawyer.
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Old 08-27-2008, 10:23 AM
 
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Military personnel have some Congressionally legal protection from divorce proceedings not granted to public at large. Under the Servicemembers Civil Relief Act, 50 UCS section 521, Congress has acted to given protect the legal interests of servicemen and women from lawsuits including divorce proceedings to enable them "to devote their entire energy to the military needs of the nation."

In the discretion of the court, the legal proceeding may be stayed (delayed) for the time the service member is on active duty and for 60 days thereafter.

The Servicemembers Act also prevents the active duty serviceperson from being held in "default" in some circumstances for not responding to the divorce proceeding. If a party is in the military, the court may appoint an attorney to represent the serviceperson, but only for the default proceedings and not for the divorce action itself.

Military Divorce and Separation -- Special Congressional Protections Apply
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Old 08-27-2008, 07:42 PM
 
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She should visit her base legal office. They will give her advice and help her out. They will not represent her in court, but will guide her through the process and her rights.
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Old 08-28-2008, 11:54 PM
 
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Honestly, I highly recommend that she contacts a civilian lawyer that specializes in military divorces. When my husband and I had a seperation for a while, we both went to JAG and were told two different things. To this day he is convinced that I would have been out in the cold, I know for a fact that he would have been paying dearly if we did divorce.
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Old 08-30-2008, 04:25 PM
 
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Quote:
Originally Posted by RAGTOPCUTIE View Post
My stepdaughter and her new husband of 1 year are both in the air force. She has filed for divorce, he told her he would contest the divorce and stall it as long as possible. Does anyone know any basic information on this i could pass along to her?
If he stalls it for 10 years, she has an excellent chance of getting 1/2 of his military pension for the rest of her life. But I'm not sure it's worth the lengthy aggravation...
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Old 08-31-2008, 06:47 AM
 
Location: Living in Paradise
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More info: Divorce FAQ, Judge Advocate General's Office, Illinois National Guard (http://www.il.ngb.army.mil/Departments/JAG/rights/Divorce.htm - broken link)
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Old 08-31-2008, 07:51 AM
 
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When you get a divorce in the Air Force, remember to "Aim High"
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Old 09-03-2008, 09:43 AM
 
Location: San Antonio
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Military members are sometimes given extra protection by the solidier sailor relief act, but you can't invoke it for divorce unless you are stationed or deployed out of the country. You can't use it for a whole 30 year stateside career.
Otherwise they are still citizens and are subject to EXACTLY the same state laws as everyone else in the state where they were married.
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Old 09-06-2008, 09:25 AM
 
Location: The best little city in the country
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You don't have to be in the military to stall a divorce, though. If her current other half is serious about it, he can contest custody, ask for her to pay him alimony, file jurisdictional paperwork (since he's likely not a resident of wherever they live, and neither is she, if they are both active duty) - there's all kinds of ways to make a stink in legal matters.
Strictly marriage wise - divorce almost always takes at least a few months, up to 1/2 a year. She should be prepared, and be patient. Losing your cool never helps. #2 - she needs a lawyer. If he's already prepared to fight, she will end up way too emotionally drained to try and do it on her own. The legal office on base will give her advice, and that's all. It's not usually good advice, and it doesn't help when you have to show up in the courtroom #3 - she should probably tell her first shirt (or his) as soon as she files paperwork, and let him know what her husband is saying. The military won't get involved, but there needs to be a record that he's trying to manipulate her, because one of the ways he could do that is by jeopardizing her military career, which isn't hard to do if you're both military. #4 - Tell her, next time don't marry military!!
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