QUESTION
Is there other way to get divorce from my husband who is in the army and neither want to appear in court nor sign the papers?
Asked on Aug 29th, 2012 on Divorce - California
More details to this question:
He is not deployed and we do not live in the same state. We have one child together. We have been physically separated since July 2006 and I have two children by someone else since then. He does not want custody and has had no contact with our child since 2006.
18 ANSWERS
You need to discuss your situation with an experienced divorce attorney. It is possible to divorce someone in the military, and s/he would never have to appear in court. S/he will, however, have a support obligation for your one child together. Special language will be required to disestablish paternity of your two children with another (the same tests can be used to establish their real father's paternity and put him on their birth certificates). However, careful steps will need to be taken and careful wording in the divorce judgment to make sure your husband does not end up paying child support for two (or more) kids who aren't even his.
Answered on Sep 06th, 2012 at 2:55 PM
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
Hire a divorce attorney who is experienced with the Soldiers and Sailors Civil relief Act of 1941.
Answered on Sep 06th, 2012 at 2:54 PM
Leonard A. Kaanta
Yes, but he has to agree to accept the summons.
Answered on Sep 06th, 2012 at 2:53 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
It isn't clear what you mean by "other way". You probably need to file for divorce in the state where he is now stationed, but you have not provided enough facts to know if you might be able to file for divorce where you now live. Custody of your child will have to be decided by a court in the state where you and the child have lived for more than the past 6 months, regardless of whether the father "wants custody". You need to talk to a lawyer to get a better understanding of your options and reasonable expectations.
Answered on Sep 06th, 2012 at 2:53 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
I believe that you just need to get him served with a petition and summons unless h e is deployed.
Answered on Sep 06th, 2012 at 2:52 PM
Immigration Attorney serving Madison, WI
at
Wren & Gateways Law Group, LLC
Update Your Profile
In Wisconsin, your spouse does not need to consent to a divorce. You'll need to serve him with properly filed divorce papers. As long as he has been served, the court will eventually grant your divorce even if your husband refuses to appear at court proceedings.
Answered on Sep 06th, 2012 at 2:52 PM
James Albert Bordonaro
You should file and he will have to assert the SCRA but that will only defer the judgment until he's on leave.
Answered on Sep 06th, 2012 at 2:52 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
at
Robert J. Merlin, P.A.
Update Your Profile
You are able to get divorced, even if he is in another state and he does not sign anything. You should either hire an experienced Family attorney or contact your local Family courthouse to learn how to do it.
Answered on Sep 06th, 2012 at 2:51 PM
If the two of you agree on all issues of child custody, support and property division then the dissolution can be handled through the paperwork without any court appearances. You should consult a family law attorney or facilitator to assist you with the necessary forms.
Answered on Sep 06th, 2012 at 2:51 PM
Business/ Commercial Attorney serving Seattle, WA
at
Wolfstone, Panchot & Bloch, P.S., Inc.
Update Your Profile
File for divorce in the state where you and the children reside. Talk to the JAG officer on the base where your husband is stationed to get instructions about getting him served with the papers.
Answered on Sep 06th, 2012 at 2:51 PM
Dennis P. Mikko
You should go ahead and file your complaint for divorce, have the court issue a summons and have him served. If he elects to not answer, while you cannot default him while in the military, the court can set the matter for trial and if he does not appear can make a final judgment. Your husband would have to take affirmative action under the Soldiers and Sailors Civil Relief Act to stop the court proceedings. If he does nothing, the matter could proceed.
Answered on Sep 06th, 2012 at 2:50 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Yes, you should be able to divorce in the county and state of your present residence. Is the real issue that he is not paying support and does not want to start now?
Answered on Sep 06th, 2012 at 2:50 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
He doesn't need to sign anything. Once he is served, you can take a default against him.
Answered on Sep 06th, 2012 at 2:49 PM
No, not that I can think of.
Answered on Sep 06th, 2012 at 2:49 PM
You may be able to file and have a default divorce. You will need to discuss your options with an attorney.
Answered on Sep 05th, 2012 at 11:41 PM
Dave Hawkins
You may swerve him the initial paperwork, (Petition for Dissolution, Parenting Plan, child support worksheets, order of child support) and he may sign the joinder if he agrees with everything, including child support, and he then need not appear after he signs the joinder.
Answered on Sep 05th, 2012 at 11:38 PM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
Yes. You just proceed normally. You'll have to get him served and he'll hopefully not respond and you can win by default.
Answered on Sep 05th, 2012 at 11:37 PM
You can file and have him served with papers. If the two of you can agree, neither of you ever have to appear in court. All matters can be handled by written agreement and completion of necessary forms. The only time you really need to be in court is when there are disagreements.
Answered on Sep 03rd, 2012 at 2:00 PM