Military

Can I divorce my spouse who is in the military and stationed overseas when my spouse doesn't want the divorce?

Yes, you can so long as you properly notice your spouse of the pending divorce action.  Your spouse may be able to assert rights under the federal Solidiers and Sailors Civil Relief Act.  These rights would not stop the divorce completely but would rather abate the divorce proceeding for a specific amount of time.

How can a military or a civil service person stationed overseas get a divorce?

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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Trusler Menduni PLLC
5300 Bee Cave Road
Building III, Suite 250
Austin, Texas 78746

Phone: 512.481.0330
Fax: 512.478.1906

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