Legal Question in Family Law in Florida

divorece

My son is getting divorced and he is doing his own paper work. He is on active milatary duty and stationed in Iraq. Does he need to file any paper indicating he is on active duty?


Asked on 7/03/09, 7:04 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: divorece

There is a place on the paperwork to indicate that he is on active duty, but the only real reason they have it is so the person receiving the divorce papers can delay the divorce trial until they get off active duty. If his wife is not active duty, he should just indicate that he is on active duty and she is not. Then, the divorce will proceed as normal. He will have to figure out a way to get to court, though, at least for the final hearing, unless the judge allows him to appear by phone. For simplified or uncontested divorces, some judges will allow people to appear by phone so long as a notary is physically present with the person appearing by phone at the time.

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Answered on 7/03/09, 10:43 pm


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