The service person may file for divorce in the county of Texas in which they reside. If a person serving overseas is served with divorce paperwork from their spouse, they have the right to postpone the proceedings by invoking the The Soldiers' and Sailors' Civil Relief Act of 1940 ("SSCRA"), a federal statute designed to "protect those who have been obliged to drop their own affairs to take up the burdens of the nation."
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Sat, 11/01/2008 - 08:09
I'm stationed overseas and I want to file for divorce. Do I have to wait until i get back to Austin? Or can I file from here?
Mon, 11/03/2008 - 08:40
You can file for divorce from overseas. If you were living in Austin before you were stationed overseas, and if you fall under the Soldiers' and Sailors' Civil Relief Act, you can file for divorce in Travis county.
I would recommend that you speak to a local attorney that has handled divorces like this before you move forward. We've done quite a few of them, so give us a call at 512.481.0330 if you'd like to talk about your specific situation. You can also use this form to request an initial consultation if that would be easier for you than coordinating time zones for a phone call.
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