If my husband wants a divorce and he’s deployed, what are my legal rights?
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If my husband wants a divorce and he’s deployed, what are my legal rights?
Would I be able to get alimony? Can he take my car that I bought before we were married?
Asked on November 10, 2010 under Family Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am so sorry for your situation. The obvious problem with your husband not being physically in the same general are and even not in the the same country is the ability to start proceedings and serve proceedings. There are certain provisionsthat have gone in to effect in all areas of the law that deal specifically with servicemen because this war has gone on for so long a period of time. You, though, maintain your legal rights in a divorce regardless of his being deployed. States divide property differently but all states differentiate between separate property and marital property prior to division. Separate property generally is property acquired prior to marriage and inherited property as long as they remain "separate." An example of separate property becoming marital property is co-mingling the money in joint accounts. Your car seems to be separate property. I would seek help from an attorney familiar with issues regarding the military in a divorce proceeding. Their pensions are divided differently because of the accrual rate so be careful that your attorney is familiar with that issue. Good luck.
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