Military Husband cheating.

[csdd]

What is the name of your state (only U.S. law)? Nevada

My sister wants to file for divorce from her husband who is in the military. He is deployed at the moment and keeps telling her she can't because of it.

He cheated on my sister 4 months after getting married and got this women pregnant. He denied it but the paternity test proves that it is his.

He was deployed about 3 months ago now and before he left they agreed to wait until he has returned to figure everything out. Now he is threatening to ruin his credit and her credit and call the bank to have her car turned back into the bank. They have been separated for 8 months now and the only thing he has done for her is "pay" for her car. However, she deposits $232.86 into their joint account every month for the car payment. She has the deposit slips from it.


He would not give any information about the car to her so she can just make the payment without having to deal with him. He has not paid the registration or insurance either. Yesterday, he had a friend of his call the police and tell them that his friends that is deployed in the services car was stolen and said that he had seen it at her work. As she was pulling in to work she was stopped pulled out of the car in front of all her co workers and customers, handcuffed for over 30 minutes until they realized that she was on the title of the car and it was hers.

What is the best thing she needs to do get this started. She has been told it has to be a special attorney since it involves the military. Didn't think that was true, but hey I am not a lawyer. That's why I am asking here.

Any advice would be greatly appreciated.

Thanks

 

[TinkerBelleLuvr]

Failure to support a dependent while in the military will get the military person in trouble. Your sister needs to seek an attorney who has experience with military folks.

As for who to pay, the title should say who the lienholder is.

 

[Bali Hai]

What is the name of your state (only U.S. law)? Nevada

My sister wants to file for divorce from her husband who is in the military. He is deployed at the moment and keeps telling her she can't because of it.

He cheated on my sister 4 months after getting married and got this women pregnant. He denied it but the paternity test proves that it is his.

He was deployed about 3 months ago now and before he left they agreed to wait until he has returned to figure everything out. Now he is threatening to ruin his credit and her credit and call the bank to have her car turned back into the bank. They have been separated for 8 months now and the only thing he has done for her is "pay" for her car. However, she deposits $232.86 into their joint account every month for the car payment. She has the deposit slips from it.


He would not give any information about the car to her so she can just make the payment without having to deal with him. He has not paid the registration or insurance either. Yesterday, he had a friend of his call the police and tell them that his friends that is deployed in the services car was stolen and said that he had seen it at her work. As she was pulling in to work she was stopped pulled out of the car in front of all her co workers and customers, handcuffed for over 30 minutes until they realized that she was on the title of the car and it was hers.

What is the best thing she needs to do get this started. She has been told it has to be a special attorney since it involves the military. Didn't think that was true, but hey I am not a lawyer. That's why I am asking here.

Any advice would be greatly appreciated.

Thanks

Never marry anyone...and you should be good to go...

 

[single317dad]

He could be court-martialed under UCMJ Article 134 Paragraph 60. That would be somewhat unusual, as adultery is usually difficult to prove, but a DNA test and a calendar should cover that.

 

[Shadowbunny]

As to the "special lawyer" question -- it's not true. Now, it's helpful to have an attorney familiar with military family law issues, but any divorce lawyer is fine.

Here's a good article that discusses family support: http://www.forthoodsentinel.com/story.php?id=3758

 

[csdd]

Thanks for the advice.

She is working 2 full time jobs right now just to make it in the house they rented. The landlord wont let her out of the lease. She was working the 2 jobs before they were married and never stopped. She was trying to save up so they could have a nice honeymoon once he was out of the service. Not going to happen now. Thankfully they don't have any kids to work it out with.

She called his Commanding Officer today, which was suggested by one of the attorneys she had contacted, to let him know what was going on. That attorney was not a divorce lawyer and was just giving some advice to her at the time which was a couple months ago.

 

[Carlos Ray]

What is the name of your state (only U.S. law)? Nevada

My sister wants to file for divorce from her husband who is in the military. He is deployed at the moment and keeps telling her she can't because of it.

He cheated on my sister 4 months after getting married and got this women pregnant. He denied it but the paternity test proves that it is his.

He was deployed about 3 months ago now and before he left they agreed to wait until he has returned to figure everything out. Now he is threatening to ruin his credit and her credit and call the bank to have her car turned back into the bank. They have been separated for 8 months now and the only thing he has done for her is "pay" for her car. However, she deposits $232.86 into their joint account every month for the car payment. She has the deposit slips from it.


He would not give any information about the car to her so she can just make the payment without having to deal with him. He has not paid the registration or insurance either. Yesterday, he had a friend of his call the police and tell them that his friends that is deployed in the services car was stolen and said that he had seen it at her work. As she was pulling in to work she was stopped pulled out of the car in front of all her co workers and customers, handcuffed for over 30 minutes until they realized that she was on the title of the car and it was hers.

What is the best thing she needs to do get this started. She has been told it has to be a special attorney since it involves the military. Didn't think that was true, but hey I am not a lawyer. That's why I am asking here.

Any advice would be greatly appreciated.

Thanks

As the spouse of a military member she can get legal advice free at the Legal Assistance office at any major military base, branch of service is not material. Google Legal Assistance at the nearest military base for phone numbers, hours of operation, etc. I recommend this be done quickly. This office will know all the pertinent military regulations.

 

[rooms222]

You may be able to break the lease under SSRA, as it houses dependents of someone on active duty deployment. http://usmilitary.about.com/cs/sscra/a/scra2.htm

 

[Shadowbunny]

You may be able to break the lease under SSRA, as it houses dependents of someone on active duty deployment. http://usmilitary.about.com/cs/sscra/a/scra2.htm

Under what provisions of the SCRA do you think she could break the lease? (Hint: there are no PCS orders involved in this situation.)