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View Full Version : I filed, he's in the military, he has not responded what can I do?


bowrodgers
Apr 23, 2009, 05:14 PM
my hopefully soon to be x husband... is in the military, he signed up back in October or November. They accepted him.. dose this mean he is active duty? Either way its been over a month I went in today to finish the paperwork, but they told me I cannot because of the Servicemembers Civil Relief Act, but I'm thinking well its not like he's overseas, and he did get served, and I turned in those papers that claim he has been served.. sooo why is this in the way?

they gave me a paper for him to sign, I gave it to him. He says he isn't going to sign it. That he is not ganna file his response until I change the paperwork to at least visitation rights...
He wants me to change my half instead of responding because he is afraid he is ganna lose.
About that: we have one son, he is now 5years old for the entire last year he did not visit, the year before that, he visited once, in fact I allowed him to take him to another county, for a month. For the entirety of the rest of that year he did not visit. During these two years he was not in the military, he was 5 hours away, knowing him if he really wanted to he could have hitchhiked... my point, My son dose not know who he is, I don't think he would even recognize him. So now I don't want him to be apart of his life anymore, so that is why I am filling for sol legal and sol physical, with no visitation.


He is not too busy, I know he is not. How can I get this divorce in front of a judge? And please tell me will I be able to finish it by the end of this year?

Fr_Chuck
Apr 23, 2009, 05:56 PM
Where does he live, if he is in service he would be at a military base.

But he will be getting visitation in court, so you may as well put it in. If he asks for visits, it is very likely he will get it.

cadillac59
Apr 23, 2009, 06:57 PM
You cannot enter a default on your husband because he is in the military. It doesn't matter that he is not deployed overseas. He's a service member and that's all that matters.

To get the case in front of a judge on custody you simply file a motion and set the case for a hearing. How long it will take to have the entirety of the case processed depends on what state you are in and how fast cases in your local county pass through the court system.

You need to be supportive of your son's relationship with his father, if the father wants a relationship. That puts you in the best position to ask for the sort of custodial arrangement that you want.

The court has to appoint an attorney to represent your husband if he refuses to file a response. That's the only way to move the case along (after an attorney is appointed you then can enter a default if the attorney cannot get his cooperation).