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State Support Forums >> New Mexico
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tracer
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Reged: 02/19/07
Posts: 1
divorce decree appeal
      #91729 - 02/19/07 10:55 AM (76.178.79.186)
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I was in Irag while I was going through the divorce. I guess I screwed myself on the settlement due to my schedule returning back to Iraq. I want to appeal "to modify" alimony support to my ex-spouse. We don't have children and been married for 12 years. At the settlement, I was jetlagged from Iraq trip and now I resent the outcome. I'm paying her $1,150 monthly and paying for the house that she is living in, NM ($1,350). I'm in the Army and now soon to retire. I need some advice and support. Pls someone give me some enlightment.

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gigi
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Reged: 11/06/06
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Re: divorce decree appeal [Re: tracer]
      #91783 - 02/19/07 04:12 PM (68.110.71.127)
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Oh, some part of the soldiers & sailors act, I think, says that active duty military can't be pursued in a lawsuit while they're gone without certain very strict conditions being followed... though in teh case of divorce, most of those who are going through it are just as interested in making certain things are settled before they return home so they end up agreeing in the divorces. And they often don't feel the need to change anything when they return home, so there's no appeal or anything & it all becomes final pretty easily.

But since you don't want the final settlement to stand, you'll have to move fast & make certain if there ARE any rights to appeal, that it's done quickly. SOME appeal statutes allow just a few days (like 15 is one I know of off the top of my head). Other things can be appealed for up to 60 days, others for a year. Maybe the correct term isn't "appeal" on those issues, but more of "review" or "reversal". My point is that if there is anything that can be reversed about your case, it might be a very time sensitive issue and you'll want to get to it FAST... like TOMORROW.

See if you can get JAG help in handling this, because they'll want to make certain the entire soldier's & Sailor's act was followed just in case something was missed. It's purpose is JUST to prevent these types fo things, stuff happening that you feel a pressure to sign off on legal stuff while you're otherwise supposed to be busily defending our country! We'd rather have your full attention on taking care of yourself and your comrades in arms than worrying about whether your spouse back home is being evicted or any of those other awful things that can happen.

Good luck in finding the information you need... but do it fast, and with a lawyer!


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