I am the petitioner in my divorce and recently found out that I will not be in country during time of the hearing. What should I do?
Question Details: I am and active duty member in the USAF, I filed my divorce on Oct 1, 2009 and found out on 9 Oct that I would be traveling back overseas for a 45 day TDY. I am representing myself, we have no children and our divorce is completely mutual. Can my husband stand in for me?
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Yes, either one of you can present the decree and prove up the divorce. As a member of the military, you can assert relief under the Soldier's and Sailor's Relief Act and ask the court to hold the case until you return, or you can waive the SSRA. It is your right, so only you can waive it. If the decree is signed by you, and your soon-to-be ex is willing to prove it up, then there are no legal prohibitions.
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