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How long can he postpone the divorce???

Posted by on Jul. 24, 2013 at 4:41 PM
  • 20 Replies

My Stbx got served papers in march and just got deployment orders.... Yay, NOT! I just want this over with. I don't want anything just freedom to breath and sleep alone.

by on Jul. 24, 2013 at 4:41 PM
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Replies (1-10):
Robsessed98
by on Jul. 24, 2013 at 5:31 PM
It may differ in other states, but in OK, once you've been served, you have to file an initial response within 30 days. It can only be postponed a certain amount of time before you can be granted a default divorce. Check with your attorney. It's his job to keep up with that.
allyoremily22
by Member on Jul. 24, 2013 at 6:37 PM
Yes, usually If they don't respond after so many days a default divorce is granted! Good luck!
happymommy1105
by Gold Member on Jul. 24, 2013 at 7:36 PM
You cannot divorce a service member while they are deployed. Its a federal law.

He cab postpone it for as long as the judge keeps allowing him to file motions.

Basically it can take years....
krisnkids
by Gold Member on Jul. 24, 2013 at 8:41 PM

It also depends on his deployment orders. Depending on dates, military members cannot get divorced while deployed.

krisnkids
by Gold Member on Jul. 24, 2013 at 8:42 PM

And you don't need a divorce to sleep alone.

cjsmom1
by Gold Member on Jul. 24, 2013 at 8:47 PM

Look up the laws in your state and see how long he has to file. How long will he be deployed. Like the others have said you can't divorce him while he's deployed.

just4ds10ee
by Bronze Member on Jul. 24, 2013 at 8:59 PM

In Texas and Georgia once served with divorce papers you have 30 days to answer.... what happened all this time?? Why has your lawyer allowed that much time to elapse?? You definitiely can not divorce him now once he is deployed...federal laws against it :(

LLbaby143
by on Jul. 24, 2013 at 9:13 PM

Quoting krisnkids:

And you don't need a divorce to sleep alone.


I know but due to circumstances, I really do kinda need the divorce done with so I can sleep alone. I filed for divorce in my home state and then he stopped giving me ANY money. So I went to work and then my mom couldn't baby sit. And obviously I couldn't afford childcare. I asked the state about assistance and they said I couldn't get it until I was divorced because I am still married they count his income(even tho I didn't get anything from it.....) meanwhile, back at the ranch, Stbx is drafting money from his account to a credit card (doesNT make sense at all...but he took out a credit card and used that entirely and then paid his paychecks to it....I know, he is idiotic.) so anyways. I moved across country back to our house to be able to put food on the table. But of course us fighting is a hostile environment for everyone. So now I don't know, I'm just wanting my life back to normal and man-less.
LLbaby143
by on Jul. 24, 2013 at 9:14 PM


What if he signs a waiver for the salor and solider relief act? I bet he would. By the time he gets back it'll have been one year since I filed.

Quoting just4ds10ee:

In Texas and Georgia once served with divorce papers you have 30 days to answer.... what happened all this time?? Why has your lawyer allowed that much time to elapse?? You definitiely can not divorce him now once he is deployed...federal laws against it :(



woodstock525
by on Jul. 25, 2013 at 1:18 AM

You will need to consult with an attorney who specializes in military divorces.  Have you tried working things out?  Going for counseling to resolve your issues?  Or do you already have someone else waiting in the wings?

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