I have a friend in the military and he has been trying to divorce his wife for almost a year now. When he and his ex decided to get a dicorce she told him to go file and he did. But she had lied and had already filed on him behind his back. Which cost him $170. Then he paid this lawyer in Dallas $1500 to process his divorce. His ex kept coming back with rediculous claims and demands. Then last month almost 10 months after the original filing he got a letter saying the divorce was thrown out saying it exceeded the time limit. He is supposed to leave for Iraq in October. And what's even worse is now his son is sick with some kind of growth-hormone deffinciency and will probably need surgery. But she just keeps lying saying everything is fine. He found out the information about his son through his own mother. Does anyone have any advice to help him with this obviously derranged woman. He just wants a divorce so he can move on with his life and stop being controlled by her.
2006-08-27 05:05:39 · 19 answers · asked by micren1026 1 in Family & Relationships ➔ Marriage & Divorce
First of all, given that he is deploying and has had to deal with Active Duty Requirements, the time limits are different, because the provisions of the Soldier's and Sailor's Relief Act kick in now and he can take longer BECAUSE he is deployed and get help that is necessary in that situation.
What is the problem with his lawyer in the first place? What did that guy do with the $1,500 (other than what I expect - squander it)?
Sounds to me like the soon to be ex is vindictive and greedy -- that lawyer of his should have STOPPED that directly -- and your friend needs to COOPERATE with stopping her claims right away.
As far as their child -- he will be under Tricare as long as he remains in the military and he is the child of the Servicemember. So I have no worries about the care the child needs.
BUT .. he NEEDS to get another lawyer if this one does NOT want to get off his BEHIND to get the case settled .. and I mean SETTLED!
2006-08-27 05:26:07 · answer #1 · answered by sglmom 7 · 1⤊ 0⤋
he needs to re-file the divorce papers with a competent lawyer, and claim for custody of his child because his ex erred by keeping information about their child from while the kid was ill. There's little he can do in this situation though. He could also request for early/speedy divorce settlement from the court based on the fact that he's going to serve his country. he'll get his request approve. The custody is where the real issue lies. He's a soldier though, he'll have to fight that one through...xx
2006-08-27 12:15:34 · answer #2 · answered by cathy z 1 · 0⤊ 0⤋
I believe people that use their children as a tool to control the other are the worse. Because he is in the service. They have counselors and legal help. To deal with issues they are not here to handle themselves.
He may want to get his wife subject to a competency evaluation. being sure that there are not any skeletons in his closet she can use against him.
He can fight her, she can only have power over him if he allows her.
If they have shared custody and it states that she has to keep him informed about the child's schooling, religion and medical condition. He could get her in trouble for lying about his health. He needs to keep a journal of all these things. And if they speak on the phone have her recorded or on speaker phone, so he has witnesses
2006-08-27 12:28:22 · answer #3 · answered by Balou 3 · 0⤊ 0⤋
Tell him to go to his commanding officer or someone high rank and explin the situation to them.He is military he can get his divorce and probably his kid because what she is doing atleast in the state of TN is illegal.It is called child neglect.Because she didn't tell him about the problem and he can also sue her for all the expenses he has paid for the divorce.
2006-08-27 12:12:31 · answer #4 · answered by denise_lndsy 2 · 0⤊ 0⤋
He needs to divorce her- not wait on her to do it. Then, in the court orders as well as divorce proceedings, it can be addressed about the care of his son and who can be responsible for giving him information while he's in Iraq with the courts knowledge.
2006-08-27 12:54:34 · answer #5 · answered by hellokittyt012263 3 · 0⤊ 0⤋
wow, that woman must be crazy! i am not sure what to tell you as i have not had any experience with a divorce etc. all i can say is good luck and i hope someone will be able to help you get some answers to this question.
2006-08-27 12:11:40 · answer #6 · answered by Btieti 5 · 0⤊ 0⤋
What did he receive for the $1500 he paid his attny? I would tell that attny, he does not want this to drag on. He wants resolution before he's shipped out. Maybe he needs to get a good attny stating his requirements.
2006-08-27 12:28:15 · answer #7 · answered by iyamacog 7 · 0⤊ 0⤋
cal your friend from Iraq wiht his gun! He should kill both his wife and the attornay paid 1500$. Maybe they have a relation and spend that money(1500$) in Caribbeans together!
2006-08-27 12:34:38 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Exactly where do you fit in? You can't fix this for him.
It sounds like this is his problem. He has attorneys, family and others already involved. I advise you to stay away, and let him handle this.
Note: Yes, I think his wife is deranged but he doesn't seem to have his life together either.
2006-08-27 12:14:03 · answer #9 · answered by Dr. D 7 · 0⤊ 0⤋
I'd be talking with that attorney $1500 and no divorce?
2006-08-27 12:11:02 · answer #10 · answered by Stacey b 2 · 0⤊ 0⤋