My husband is going to go to basic so that our marraige can be extended.?

Question

We have already gotton papers drawn up, but he decided he didnt want to sign and so he joined the gaurd. He leaves for basic in August and says I cant serve him while he is in training. Is this true. I want a divorce and now it will take an extra 3 months if this is true. He said he is going to wait his 60 days and by then he'll be in basic, so then I have to wait longer

I know I cant divorce him if he is deployed to a foreign land or in hostile terratory but I didnt know if basic had anything to do with it. I was in the army not the gaurd and 100's of my friends got divorced, He said that he just wants me to sit and wait and maybe I will change my mind. That will not happen, its been a long time coming.

Answer 1

Hell, no. Your husband is trying to hide behind the Solider and Sailor Relief Act. All that will do is describe the appropriate way he will be served. If he's still state side, none of that will matter anyway. As for him signing the petition papers, he doesn't even have to sign it. He just needs to be served. The Solider and Sailor Relief Act will provide for him to get served. It cannot stop the papers. Hell, he doesn't leave until August, serve him now. He can wait for his 60 days but that really isn't going to matter. This is all predicated on jurisdiction and state law. Are you in a "no fault" divorce state? Technically, he isn't Army yet. He's civilian. Serve the papers now and if for whatever reason he cannot make the divorce hearing either b/c of military committments, this includes just calling in, he can lose everything.

BTW, it would be advisable to you, him and the Guard if you go down to his recruiter and ask him what the impact on him would be if he has this process pending against him. If they say it won't, that's bullshit. Find a lawyer with experience dealing with military. Check out the link below.

Answer 2

Yes it's true. There ia a law that protects soldiers from getting divorce papers while on mandatory duty. He would have to sign a waiver, waiving his right to be protected under this law, and waiving his right to appear in court. If you both agree with this, he can sign the waiver and you can proceed with an uncontested divorce. Otherwise, you will have to wait until he is done with the his mandatory duty (Basic, AIT) so he is able to respond to your petition for divorce.

Good luck

Answer 3

true, he is protected. but the real question you should be asking yourself is, Does he have anything you want? If not, don't worry about it. Just get on with your life and serve him as soon as the law allows. However if your problem is your new boyfriend, tell him he just has to wait to marry you. If he loves you, he will. This is the 21st century, you can do whatever you want. Don't sweat the paperwork, Prez. Bush will have your hubby overseas and dead soon enough. Then you get everything.

Answer 4

That doesn't sound correct. You can't sue him for certain situations while he is on active duty, but you can divorce him while he is on active duty. Talk to your lawyer and if there is still a problem, call his supervisor and explain that he is running out on you and all that jazz and he might help you.
But you can divorce him while he is on active orders (cause military marriages break up too).

Answer 5

This is true soldiers are protected while away on Government excursions

Answer 6

Basic dosent count. He is stateside, Serve his A##. He is bluffing on this matter.

Answer 7

You can have him with papers as soon as you file, get on with it!

Answer 8

yes it is true

Answer 9

leave everything on destiny