How do I get out of this marriage? We both want the divorce. I filed and he answered all late and wrong. Now he is in Iraq and we already don't communicate. I just want it over. Any others going through this? The judge just ordered my default non-valid. The law protects soldiers from any civil cases including divorce. Does anyone know of a good lawyer that can get me out of this? Are there any loopholes? I don't want to be legally tied to this person. How do I get out?!!!!??? Serious answers please.
2007-12-27 04:51:25 · 9 answers · asked by new life abundant 2 in Family & Relationships ➔ Marriage & Divorce
First of all, I am not an attorney.....so this is not legal advice, just what I experienced in my divorce.I had to pay for my ex-husband to be appointed a guardian ad-litem to represent him in out divorce. It cost me 500$ I believe, but it got the ball rolling finally. Military personel are protected under the Soldiers and Sailors Act so no judge would legally be able to award a default divorce if the military person was not represented. Talk to your attorney about this. He/she should have already told you this and begun the process of having the court appoint an ad litem for your husband. My attorney explained this to me and petitioned for my ex to have one appointed right away. I hope this helps
2007-12-27 05:02:07 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First physically get out. You don't need any military permission for that. Get yourself a lawyer and proceed with the legal aspect of your divorce.
The law does not protect the soldiers from any civil cases. You were misinformed. If he answered late and wrong it's because he's not being represented by a lawyer. You can only ignore the law for so long. Get a better lawyer.
2007-12-27 04:58:50 · answer #2 · answered by Jane Marple 7 · 0⤊ 0⤋
not being able to divorce while your soon to be ex is overseas is a good thing. Get a lawyer, and get a legal separation if you can for now. That's all you need. Separate your finances and belongings in a fair way and move on with your life.
Your ex has other things to worry about right now... like staying alive and safe. Your little divorce is not important. So just get on with your life AS IF you WERE divorced, except for the dating and getting married again part, and live your life.
When he returns your lawyer can get the paperwork done and you can finalize then.
Get over your needs and think about him soldiering in a war torn crazy place where no one is safe.
2007-12-27 04:56:41 · answer #3 · answered by teritaur 5 · 2⤊ 0⤋
If you both want out, it should be possible. I would ask him to speak with his legal representatives in Iraq (the military attorneys) and determine what documents he would need to send to the court to prove his intent to divorce you.
Otherwise, you will have to wait until he returns from Iraq.
2007-12-27 04:56:32 · answer #4 · answered by starvingwriter 2 · 0⤊ 0⤋
I had a friend try to do this before her husband left for Iraq, and if my memory serves me correctly, there were deadlines they had to meet prior to his departure that were not met.
From what I understood, she had to wait until he returned to finish the divorce, but it's been a few years...
Talk to your military buddies. They should be able to point you in the right direction.
Good luck.
2007-12-27 05:23:24 · answer #5 · answered by belle 5 · 0⤊ 0⤋
Why did God ordain marriage in the 1st place? Did you 2 come together because of pressure from some 1? Was it true love @ 1st? When the people of Israel were newly married the man wasn't suppose to get involved in war until after the 1st year of their marriage. Do you believe in God? This is not for me to know or ask but ask it anyway because you both need to feel love & God is Love, only He can restore your marriage. Maybe your husband is wanting to get killed instead of face the hardship of coming home to you, again this is not for me to judge. Just letting you know how it hurts & someimes love will come thru & you will both be much more in love when or if he comes home & you can get counselling from a truly God fearing man(pastor or counselor) maybe you can work out why you both feel the way you do. Forgiveness is a big things in relationships & God must be the pillar. Trust this may help if just a little.
2007-12-27 05:02:45 · answer #6 · answered by Mark K 2 · 0⤊ 3⤋
What I don't understand is if you do not want to be leagally tied to this person why did you marry him in the first place! I suggest you do your homework because you have the information that you need and know what you want to do. Good Luck
2007-12-27 05:20:14 · answer #7 · answered by Flyyasever 3 · 0⤊ 0⤋
Seems that you knew he was going to war, so why did you marry him... I think it was inconsiderate on both of your parts... if you want it bad enough.. hope you have a job.. cause it's gonna cost you. Oh.... try a phone book.. let your fingers do the walking
2007-12-27 05:02:04 · answer #8 · answered by john w 3 · 0⤊ 0⤋
Discuss this with your attorney.
2007-12-27 05:07:26 · answer #9 · answered by skaizun 6 · 0⤊ 0⤋