If my husband is currently deployed to Afghanistan, is there any way that I can divorce him while he’s gone?

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If my husband is currently deployed to Afghanistan, is there any way that I can divorce him while he’s gone?

We always had a rocky relationship. He left for basic training and I didn’t see him for 3 1/2 months and then we decided to get engaged. We married 07/29 so that I could be with him. He left for Afghanistan on 09/12and I’ve come to realize that I don’t love him, the marriage was never the right thing for either one of us and our personalities do not get along. I would like to move on with my life but don’t think it’s fair to keep using his money or receiving the benefits when I’m not happy. I just need to know what my options are before I go ahead and get a lawyer.

Asked on December 12, 2010 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your situation.  You are correct to assume that his being deployed may indeed cause an issue in the matter.  Once you have established the required residency to bring a Petition for Divorce then you have to have the other party served with the papers.  There is the issue and that is what will cause you a problem.  Does your husband feel the same way as you do on the matter or did you come to this decision on your own?  Often spouses realize the same things but do not necessarily like to bring it up to discuss.  But if he did not it may also not be a good idea to spring it on him while he is still deployed.  Speak with an attorney on the matter once you have been able to sort through this all.  Good luck. 


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