How can i get a divorce if my husband is stationed overseas in the military?

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How can i get a divorce if my husband is stationed overseas in the military?

We both agree on the divorce and I was wondering; if after I sign the papers and everything, does he have to get served or how does that work? Also could I get the 30 day waiting period to get married again after everything is finalized waived.

Asked on May 14, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As long as you live in Texas and have residency in the county you live in, you can file for divorce in Texas.  If he's agreeable to the divorce, you can forward him a waiver of citation and a proposed decree.  If he signs the waiver and agrees to the divorce, then you don't have to have him served.  It will take a little while to mail him the paper work and have him return it--- but it will be a far less hassle then trying to have him served overseas.  After the paperwork is finalized, you must wait the statutory waiting period before getting remarried. Marrying too early can make your marriage a void marriage--- which can cause numerous issues down the road.


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