if youre a military wife, and your husband says he wants a divorce.
Do you have to give him one?
Can you intentionally not sign the papers so that you can still get housing and medical benefits?
My sisters husband is trying to give her the shaft, and cut her off.
They have one kid together and shes waited for him while he was deployed.
Now he says he wants her out of his life just like that.
What can she do to protect herself, or at least take care of herself?
With regards to staying married to keep her medical benefits
with regard topossible alimony payments
Basically he wants toleave her with nothing but a few thousand
thats going to go away because she doesnt have an education
or couldnt get a job because he was deployed.
She wants to not sign papers.
So she gets to use the BAH and he can live in the barracks
if he wants to leave her
And keep her medical
and maybe child support and alimony
2007-12-06 06:47:07 · 10 answers · asked by Hey Buddy 1 in Family & Relationships ➔ Marriage & Divorce
she needs to get some legal help - legal aid if she can't afford an attorney. The time to fight isn't whether to sign the papers or not but in the courtroom when it comes to legal aid, spouse and child support and the like and an attorney can help her in those battles. He is going to find that it is not as cut and dry as he may think this is going to be. Good Luck to her!!.
2007-12-06 06:57:33 · answer #1 · answered by Al B 7 · 2⤊ 0⤋
She can keep from signing the papers but that doesn't mean he won't get the divorce. The court will take into consideration grounds for the divorce, etc. and determine from there. As far as keeping BHA once HE files a disillisionment of marriage she won't get that any longer and will no longer be able to get medical benefits through the military. That does NOT require HER signing those require HIS signing. The ONLY thing she is entitled to is child support, she isn't even "entitled" to alimony since most states only award it temporarily. My suggestion is that she starts looking for a job.
2007-12-06 16:03:31 · answer #2 · answered by Anonymous · 0⤊ 0⤋
She doesn't have to sign the papers. A judge may order marriage counseling as a pre-divorce thing, if she can appeal to the judge. Other than that, after a certain period of time, he will be allowed his divorce. As for the rest, she needs a good attorney to make sure that she is well-taken care of. Otherwise, if she is just wanting to stay with him because of the benefits, she has the wrong state of mind about her marriage. If she loves her husband and wants to stay, she should pray for him.
2007-12-06 15:06:31 · answer #3 · answered by Christian93 5 · 0⤊ 0⤋
Under certain circumstances a person can obtain a divorce even if contested by the spouse....it's up to the judge if it meets the nessesary criteria set down in any particular state's law if one partner is petitioning for one.....and refusing to sign papers is no guarentee that the divorce won't go thru.....she needs a lawyer.
...and a divorce is not 'given' to one spouse by another. It is a legal dissolution of a marriage granted/ordered by a judge.And he doesn't need both partners in the marriage to give him permission to do so, either.
2007-12-06 15:00:36 · answer #4 · answered by The Original GarnetGlitter 7 · 0⤊ 0⤋
it really depends on what state she's in. where i live, it's a "no fault" divorce. there is no box to check what the problem is, it just means that one side wants a divorce and that's it. not only that, but any person is entitled to a divorce. she would have to work out child support, spousal support, insurance and all those things in the divorce. since he's in the military she will be taken care of. if he thinks he going to get off cheaply he has another thing coming.
2007-12-06 15:00:19 · answer #5 · answered by redpeach_mi 7 · 1⤊ 0⤋
She definitely needs to find a good lawyer who will make sure that she gets as much financial (alimony and child support) and medical benefits as possible.
2007-12-06 15:06:16 · answer #6 · answered by L M 5 · 0⤊ 0⤋
She can refuse to sign until they come to an agreement but then she needs to actively seek out some legal help so that her interests are protected when they do come to an agreement.
2007-12-06 15:03:22 · answer #7 · answered by mrskerlin 4 · 0⤊ 0⤋
Yes, she can refuse to sign, but she needs to go get legal advice
2007-12-06 14:53:06 · answer #8 · answered by MJ 3 · 2⤊ 0⤋
yes i am pretty sure that she can stay married by not signing the papers. both parties must agree to divorce, just as both parties must agree to marriage.
2007-12-06 14:57:02 · answer #9 · answered by . 5 · 1⤊ 0⤋
Your friend needs to seek legal advice.
2007-12-06 14:51:05 · answer #10 · answered by Anonymous · 3⤊ 0⤋