More often than not, the law protects a responsive spouse in any civil case who is or will soon be on active military duty. This includes, but is not limited to, reservists, National Guard members, and full time military on active duty. The court can postpone or suspend any and all hearings until the service member returns from active duty and can participate in the proceedings.
The law sets out to help service members give full attention to their military duties. There is a chance this will limit the court’s ability to make orders permanently adversely affecting the service member’s rights. In any case, contacting our experienced San Antonio family law firm can clear up any questions you may have regarding divorce in the military. Contact us today at (210) 655-9090 to learn more.
What Happens If My Active Duty Spouse Doesn’t Respond To My Divorce Petition?
Usually, if the Respondent hasn’t filed anything by the deadline to respond, you can petition the court for a “default judgment.” A default judgement passes on the final orders, and gives you everything your original court papers asked for. Most of the time a judge will give a default judgment if the respondent has not responded by the deadline.
That said, often, the judge has sympathy for anyone serving their country and will delay granting final divorce orders until the service member can get leave and attend court in person. Contact a family lawyer in San Antonio today to see just how your spouse’s active duty status may affect your divorce proceedings in the future.
Does Joint Custody Change How Child Support Works?
The difference in child support when it comes to sole custody VS joint custody can be confusing. The amount of child support needed can vary depending on how much support you need. With sole custody, you have the sole legal responsibility to take care of your child. Therefore, you may receive more child support than someone who shares responsibility for their child in joint custody. A parent with joint custody shares parenting time, and likely, responsibilities, therefore the court may decide to reduce the amount of support they need to pay.
If My Service Member Spouse And I Agree On Everything Each Of Us Is Asking For In The Divorce, Do We Have To Go To Court?
If you and your service member spouse agree on all the issues, you can waive your rights in the case by signing a written form in front of a notary public. You must have the waiver form filed within the court. If this is the way you and your military spouse want to proceed, see a lawyer specializing in military law. Contact us today by calling (210) 655-9090.