anne78
recently joined
Reged: 11/26/08
Posts: 2
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We have been been married for almost 2 years now. We were in love back then and now it seemed that we have grown apart and that is because of work we don't see each other much. If my husband is around we argue a lot. He is a jealous and insecure guy and I can't deal with that anymore. My husband is in away for work now (I know overseas but don't know where exactly) and I have no way I can contact him. How do I know where he is now? What agency to call? While I was getting information online I found this article on Military Divorce (http://knol.google.com/k/mia-carmel-wong/military-divorce/q5t344oxarzd/2) with this statement,
"In fact a serving member on duty overseas is not required to accept divorce papers and can continue to refuse for up to sixty days upon returning to the United States."
Is this true? So if I file a divorce and send him the papers, it wouldn't reach him until his back in the US? Need advice from people who are familiar with my situation. Thanks.
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elliesmom
Carpal \'Tunnel
Reged: 11/07/05
Posts: 8835
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You cannot SERVE him with divorce papers while he is overseas, meaning you cannot sue him for divorce while he is overseas.
You are free to send him papers that he is free to agree to if he wishes and you could file uncontested in that case I believe. He would have to have access to a base legal or notary in that case, because he would be waiving his appearance as well as signing the divorce papers.
I would encourage you to NOT do anything however. IT is not uncommon to start taking stock of your relationship when you have a long deployment and feel overwhelmed by what you feel are unfixable problems. It happens to almost everyone. Maybe make use of the Family support center to go talk to someone about these separation issues before you decide to do anything.
Edited by elliesmom (11/27/08 08:41 AM)
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anne78
recently joined
Reged: 11/26/08
Posts: 2
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Yes, I have talked to a lawyer friend and if I insist on serving him the papers he might waive soldiers' & sailors' act.
After talking to my family and friends I have decided that we will go counseling first. I still care about him so I am giving our relationship a second chance. This counseling might help us settle everything between us. As soon as he is back home, we will go counseling.
Thanks.
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