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How does military divorce work when one of the parties in a divorce is overseas?
My husband is in the military and is currently deployed to Germany. I have just verified that he has been cheating on my during his entire tour there, and I would like to serve him with divorce papers as soon as possible. I caught husband cheating overseas and was successful in documenting cheating overseas. How does this process work when one of the parties in a divorce is overseas?
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Answers (1)
There are specific recommendations for the processing of a divorce action in a military situation. There are certain codes within the U.S. Military Law that control the process and outcomes of a U.S. military person being served papers for a divorce. Consulting a lawyer familiar with military divorce is highly recommended.
The fact that your husband is stationed in a foreign country at the time you are initiating divorce proceedings requires careful action. There are some foreign countries that have specific laws (Spain is an example) whose laws say that once proceedings are initiated in their country the action cannot be moved to another country. It is always best to get local legal advice and research the environment in the foreign country to make sure that actions like this don’t limit your options and make the divorce invalid.
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Posted by Jan Hill on 16 Feb 2010
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