Divorced Via Publication While Deployed

**endlessbattles** · 08-30-2010, 02:32 PM

Here recently I was deployed to Iraq, when I left, my wife procured a divorce from me via publication. A ruling was ordered against me for an outrageous amount of child support and ZERO visitation. Once I got back to the states, I submitted a motion to set aside. Subsequently, the judge set the case aside on the grounds that the petitioner didn't make sufficient effort in her "due diligent search". Now that the case has been set aside, and the fact that my rights have been violated under the Service members civil relief act, what steps should I take to get the parties involved in the case prosecuted?

**Dogmatique** · 08-30-2010, 02:33 PM

Did you actually invoke the SSCRA?

(It's not automatic)

**endlessbattles** · 08-30-2010, 02:42 PM

Yes but that didn't happen until AFTER the final judgement and decree was sighed. I wasn't aware this was going on until I got the final judgement and decree in the mail that was sent to my mothers address. Once we found out that this had happened, my lawyer put in for a motion to set aside under the SCRA. The case it's self WAS indeed set aside and we are now starting over.

**Dogmatique** · 08-30-2010, 02:55 PM

OK.

So, your recourse is to start over and let the court do what it will.

You cannot have anyone prosecuted; no crime was committed.

**endlessbattles** · 08-30-2010, 06:05 PM

To get the case pushed through, her lawyer stated on the affidavit that I was retired military. She openly admitted to the judge that she knew I was deployed, and stated the reason she went though with it is that she simply didn't believe that I was deployed. Thank God for paper trails or it would have been allot harder on me than it was. There was a lot of deception with the case, as you can tell!

**Dogmatique** · 08-30-2010, 06:17 PM

Her lawyer will claim that it was a material mistake of fact, and nothing more.

She will - obviously - claim that she didn't believe you and further, I'd guess that she'll simply say "I didn't know what was going on".

Again, nothing criminal has happened and all you can do is let the court system ride it out and in all honesty you did very well in getting it overturned; I've seen cases stand firm when one party was deployed simply because the party didn't invoke SSCRA at the time (though granted the majority of these involved proper service, which seemed to be at best "iffy" in your case).

Thank you for your service to the country - my youngest step-daughter was recently to deployed to Afghanistan; I do understand the family hardships.