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Can you divorce if your spouse is overseas?
The short answer is yes, but only to a certain extent and not in all circumstances. Most states recognize divorce decrees from foreign countries as long as the foreign country ensures certain procedural requirements have been met (such as proper notice to the parties).
How do I divorce my military spouse that is stationed overseas?
Just as with civilian divorce, a military divorce must be filed by the person who wants it and then the other party must be served with a notification. Unlike a civilian divorce, military members might have an extended amount of time to respond to a divorce filing, especially if they are overseas or deployed.
What happens if your spouse leaves the country?
Spousal Abandonment According to state law, “utter desertion” is grounds for divorce. In other words, if your spouse has completely abandoned you with no hope of ever contacting them, you can obtain a divorce.
Can you file for divorce when spouse is deployed?
NO, you have to go to court to get a divorce and a legal assistance attorney can’t go to court for you. A legal assistance attorney can advise you about the issues and procedures involved in your case and draft a separation agreement for you and your spouse if appropriate.
Can I leave the country during divorce?
Since you are not traveling without your children, you may go outside of the United States at any time during the dissolution proceedings. However, you must be accessible for the purposes of your spouse to give you any document that is necessary for you to sign or check through.
Can I file for divorce while stationed overseas?
An experienced attorney can often help you file for divorce even while you are still stationed overseas. In some cases, such as when a trial may be necessary, you will have to wait in order to complete the divorce when you get back.
Can your spouse deployed with you?
Being a dual-military couple is one of the few instances where a military member has the chance to deploy with their spouse. With the Married Army Couples Program, which helps place married service members in proximal units, some couples have the chance to spend their time overseas together.