Im deployed in iraq I get a letter from my soon to be ex lawyer saying i have to be in an arbitration in 2 weeks im still deployed .Id be asking my jag but they are only here on wensdays . And if i dont show people tell me she gets what she wants becuase im not present.
I have kept a roof on over her head and still give her $$ she dosent have a job .no child involved becuase our daughter had passed away 2 weeks after she was born. Can she do this?
2006-07-08 20:42:34 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I would check with your base legal officer. There is a Soldiers & Sailors Relief Act that specifies that most legal actions against people on active military service cannot proceed until the person comes back off active duty. You should ask for a postponent of any legal proceedings. Also, write a letter to the clerk of the court saying you're on active duty and asking for a continuance until you return home.
2006-07-09 03:20:27 · answer #1 · answered by AnOrdinaryGuy 5 · 2⤊ 0⤋
If your soon to be ex is represented by a lawyer, send a fax (or even an e-mail) to that lawyer telling him/her you are deployed in Iraq and simply cannot be there. That attorney has an ethical obligation to inform the court of this fact. The court will not enter a decision until you are back and able to attend.
Should your soon-to-be-ex get in front of a judge and not inform him of your deployment, you can always have the judgment over turned when you get back. If this is for a simple divorce, she would have had to state that "neither party is on active military duty" and if she misinforms the court on this matter, any judgment rendered can be over turned.
Good luck to you!
Note: If you let me know the county and state, I can probably let you know who to contact directly if you'd like.
2006-07-09 09:08:44 · answer #2 · answered by Inquisitor-2006 5 · 0⤊ 0⤋
This has a lot of complications, involves state law and crosses jurisdictional boundaries. You need to consult a lawyer in your state to see what can be done in this situation.
2006-07-09 03:46:18 · answer #3 · answered by Angela B 4 · 0⤊ 0⤋
your lawyer can present your testimony in your absence.
military duty is looked upon favorably by the court.
if your lawyer is crap, your wife will get the house and the money.
2006-07-09 03:45:20 · answer #4 · answered by leadbelly 6 · 0⤊ 0⤋