Legal Question in Family Law in Florida
I am currently trying to get a divorce to a guy i married that is currently stationed with the army in taji, iraq. I was told i have to have the divorce papers served to him on my own but how do i go about doing this since he is in iraq? do i go to a military base?
1 Answer from Attorneys
First, you can't do a simplified divorce because that would require you both to appear in court. You probably know that already. If he'll agree to an uncontested divorce, you can send the Marital Settlement Agreement to him with Answer and Waiver. Once he sends it back, you can file all of it with the Uncontested Petition, Cover Page, etc., and you can set your final hearing. If he won't agree, you have a problem. Sometimes the base commander of JAG office where he is stationed will accept service and order him to "handle his divorce," but usually not, especially not in active war zones. If that's the case, then he can't be served, and you have to wait to get divorced until he returns to the U.S. or to a station which will allow him to be served. Also be aware that, if you can get him served, active duty military personnel are allowed to stall divorces and other lawsuits while they are serving in certain conditions, such as in active war deployment.