sapienta
recently joined
Reged: 03/12/05
Posts: 10
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I'll try to be brief and to the point.
I'm trying to divorce my husband who is in the army. He was able to use the SCRA while he was in Germany. However, he PCS to GA a couple of months ago, and it seems the SCRA is still working for him.
He had a lawyer in Dallas, but stopped paying him. He did not give his lawyer his address in Georgia. The judge would not let him drop my husband as client because he's active duty.
In the mean time, my husband is basically hiding because I'm suing him for adultery.
Does anyone have any advice???
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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File a Motion to lift the stay of the proceedings. Since your spouse has returned to the U.S. and since he has retained a lawyer, he should be afforded no protection under the Soldiers and Sailors Cilvil Relief Act since he now has the ability to effectively present his case or defend against allegations.
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sapienta
recently joined
Reged: 03/12/05
Posts: 10
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Thanks for the reply Maury. Shouldn't my ex-Marine lawyer know about the motion?
I have found out my husband's unit at Ft. Stewart, along with phone numbers in an attempt to help his lawyer contact him.
The court actually suggested that I pay for dear hubby's attorney fees. In fact, in a few days, I go to court in Dallas, and his lawyer will ask the judge to do just that.
As of this month, my husband just lowered my BAH to the mininum, which I thought he couldn't do with a divorce pending.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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If there is no court order your H can do whatever he wants as he is under no legal obligation to do so.
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13.1...because I am only half crazy!
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Maury-
JAG's have a clever way of delaying court proceedings under the SSCRA. My husband has been able to delay his cases while stateside with no problems at all.
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13.1...because I am only half crazy!
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sapienta
recently joined
Reged: 03/12/05
Posts: 10
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so is it possible to get a court order I wonder?
With a little detective work, I found out his phone number and address in GA.
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