military divorce

[melissa mcneece]

texas my daughter is getting a divorce from army man what does this waiver mean waive all rights and privileges including appointment of counsel, pursuant to the soldier's and sailor's civil relief act of 1940

 

[craftymom]

1) Please use punctuation, as it will make your post easier to read.

2) Who is being requested to sign the waiver? (I'm sure I know, but would prefer a definite answer from yourself)

3) Is the service member deployed at this time?

 

[melissa mcneece]

he is divorcing her and no he hasn't been deployed.he decided he made a mistake and has been having an affair.NO IT ISN"T HER WANTING THE DIVORCE> i'm not stupid either,i just don't live on the computer.

 

[usmcfamily]

Who is asking her to sign the waiver - her husband, the JAG office on base, his command.......?
Has she sought the counsel of a civillian attorney with experience in military divorce proceedings? (these are very easy to find in military town, not surprisingly)
Have either of them gone to the JAG office on base to ask for assistance with the divorce? (the office on base will not represent both parties - conflict of interest - so the first one to go and ask for help gets it)

 

[melissa mcneece]

the husband wants her to sign.they have no children,so he got the paperwork off of the internet.i would just like to know what that act of 1940 means.he didn't want to go through jag.

 

[craftymom]

i'm not stupid either,i just don't live on the computer.

You have just responded to my 'signature line'

It appears at the bottom of ALL my posts

But thank you for classifying yourself

 

[usmcfamily]

Soldiers and Sailors act is geared towards protecting AD military personnel from being taken advantage of legally/financially during overseas deployments which prevent them from representing themselves........from *my* understanding of the act as it reads today it doesn't really apply to a divorce when he is here in the CONUS (assumption on my part - it sounds from your post that he is CONUS).
I highly recommend that your daughter seek the advice of an attorney - it may cost more $$$ but in the end it can save her more than it costs. Tell her NOT to sign anything until she has consulted an attorney and found out exactly what it is her DH is trying to pull ........
BTW - whether *he* wants to go through JAG or not she, as an authorized DoD dependant has every right to contact them and seek legal assistance through their offices -- they can't represent her in the case but can provide valuable legal knowlegde and direction -- possibly saving her the expense of an attorney if they can answer the questions she has and find a way for her to deal with this w/out needing the atty.