Legal Question in Family Law in South Carolina

Divorce while in Iraq

My brother is in the Army and currently in Iraq. His wife just had their first child and is now filing for divorce adn custody of the baby. Is there anythign he can do while in Iraq? Can she really take full custody of the baby?


Asked on 9/05/08, 2:52 pm

2 Answers from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Divorce while in Iraq

There are several things that he can (and should) to do to protect his interests. First, he should seek to hire an experienced family law attorney to handle this case for him. Second, he can seek to invoke the protections of the Servicemembers Relief Act, since he is deployed on active duty.

These are complex issues, and it is important that they be handled correctly. Again, it is important that your brother consult an experienced family law attorney to find out what options are available to him based on the facts of his particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 9/05/08, 3:02 pm
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Divorce while in Iraq

I agree with Mr. Stevens and would only add that your brother should contact an attorney in the State and County where the divorce papers were filed. Your post references both South Carolina and Florida, but does not say where the petition was filed.

If you need assistance in Florida please feel free to contact my office or utilize the Florida Bar referral service. He should contact someone very soon in order to file the proper responses and notify the court of his circumstances.

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Answered on 9/05/08, 9:30 pm


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