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    smurfy84's Avatar
    smurfy84 Posts: 1, Reputation: 1
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    #1

    Apr 28, 2008, 05:39 PM
    Dual military divorce in the army
    OK, my soon to be ex-husband and I got married on February 2, 2007. We are both active duty military, and I was deployed 3 days later for a 11 month tour in iraq. He stayed stateside. I filed for my divorce in November 16, 2007. Which, we had a mediator and he signed the divorce decree. So, we have never lived together, never had anything together and there wasn't an issue to contest. Obviously, we both agreed to just go our separate ways and be on with our lives. I called the courthouse today because I was supposed to receive my divorce. He didn't fill out a financial paper stating his debts and how much. The mediator told him he had to fill out the paper before we could get divorced. He had already signed the actaul divorce papers. All I need is for him to claim his own property. He is currently deployed and now I am stateside. We got married in Colorado, where we are both stationed. What would be my next step to get closer to my divorce;if he were to so choose to not give me a divorce. As in not signing that paper out of spite?? He has never tried or attempted to support me in any manner.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Apr 29, 2008, 10:47 AM
    Have your case number in front of you and call the judge's office to whom the case is assigned. Speak with the judge's secretary or calendar clerk and ask what needs to be done to get the judge to sign the divorce. Find out whether the mediator's concern is valid.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 29, 2008, 12:01 PM
    Quote Originally Posted by smurfy84
    ok, my soon to be ex-husband and i got married on february 2, 2007. we are both active duty military, and i was deployed 3 days later for a 11 month tour in iraq. he stayed stateside. i filed for my divorce in november 16, 2007. which, we had a mediator and he signed the divorce decree. so, we have never lived together, never had anything together and there wasn't an issue to contest. obviously, we both agreed to just go our seperate ways and be on with our lives. i called the courthouse today because i was supposed to receive my divorce. he didn't fill out a financial paper stating his debts and how much. the mediator told him he had to fill out the paper before we could get divorced. he had already signed the actaul divorce papers. all i need is for him to claim his own property. he is currently deployed and now i am stateside. we got married in colorado, where we are both stationed. what would be my next step to get closer to my divorce;if he were to so choose to not give me a divorce. as in not signing that paper out of spite???? he has never tried or attempted to support me in any manner.

    If he won't sign the necessary papers then it's a contested divorce - which this does not appear to be so far - and that is how you would proceed. One of you would have to serve the other and then a Judge (or in some States, a mediator) would have to decide if there are legal grounds for a divorce and then order... whatever needs to be ordered!

    Did you research similar questions on this site? There was a similar situation some time ago and I am 99% sure the answer was that you cannot divorce a person on active duty outside the country and have to wait for that person to return. The Armed Forces apparently has decided that there is enough stress for people serving overseas and the divorce situation can wait until they get home.

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