Legal Question in Family Law in Virginia
my husband is set to deploy to afghanistan in 2 weeks. I have been trying to get my divorce for at least 2 years considering we have been seperated almost three years. I am told by his mother(power of attorney) that I have to wait until he gets back in 16 months to get my divorce. He has a child by another woman, there is a separation agreement and he knows that I plan to file for divorce asap!!! Can you please shed some light on this issue??
Desperate
Asked on 3/30/10, 9:18 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
If your husband deploys abroad and you file your complaint for divorce, he has the right to request under the Servicemembers Civil Relief Act that all proceedings be stayed in the matter until he returns to the U.S. from his deployment.
Answered on 4/04/10, 1:51 pm