Tag Archives: Family Law, Divorce, Child Custody and Adoption

Spouse Overseas I am currently overseas in the military and husband is civilian…

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Spouse Overseas
I am currently overseas in the military and husband is civilian living in the US. We we married April 2002 and we have been seperated since July 2002. I have filed for divorce and he has been served by sheriff. However, he is not contesting to the divorce anymore. We have no kids, no property and no finances together.

According to the divorce summons, if he does not respond in 30 days then I win by default. If I am not available to attend the hearing due to job, may I have a family member represent me in court for the default with a general power of attorney?

Visitation rights for non-custodial parent’s family and step-mom with power of…

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Visitation rights for non-custodial parent’s family and step-mom with power of a
My husband’s ex-wife is threatening to deny visitation of his daughter to my mother-in-law and myself. The reason she is doing so has nothing to do with the safety of the child but rather over a misunderstanding of what information my mother-in-law shared with the exes family (which didn’t actually even happen). Also, I have a general power of attorney for my husband because he is in the military and deployed overseas for several months. Does that aid my cause and give me any legal recourse should she follow through on her threats?

Thanks!

Servicemember’s Civil Rights Act does not apply In a recent court case for a…

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Servicemember’s Civil Rights Act does not apply
In a recent court case for a hearing to stay a judge ordered a defendent who was not present, but was represented by someone with a general power of attorney, to pay temporary spousal support. The defendent is still married to the plantiff. The defendent was the one who filed for divorce. The judge stated the defendent who is deployed to Iraq in support of Operation Iraqi Freedom, judge had signed affidavit from unit commander, is not protected under the Servicemember’s Civil Rights Act because he is the one who filed for divorce. He has now been ordered to pay. The military states that while the couple is still married he has only to pay a certain amount for the home that the military pays to him. Is the judge allowed to do this and why?