im currently deployed, i have read my state divorce laws for us. it states that one of us needs to be a resident. im not, my wife is. but i want the divorce, she doesnt. hows does that work?
You can file, but since you are the one bringing forth the lawsuit then you will no longer be covered under the Servicemembers Civil Relief Act (SCRA).
The original poster mentioned that he was deployed. The SCRA usually acts as a blanket of protection against lawsuits to allow a service member to devote their time to duty. In other words it will protect their rights. If a service member is serving in Iraq, and the spouse back home wants a divorce, then any proceedings would be postponed until the service member was in a position to be actively involved. If the deployed service member initiates the law suit (i.e. divorce) then he/she may not have the same protection. He should talk to the JAG before he decides on making the first move.
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