My Wife Filed for Divorce and Defaulted Me while I Was on Deployment; What Can I Do?

Divorce never happens at an opportune time.

In fact, it always comes at the worst time.

For a member of the military, that worst time is on deployment.

You’re homesick, isolated, lonely, bored, sometimes scared.

Then, bam! You get divorce papers.

You’re supposed to respond within thirty days, but you just don’t have it in you, or you can’t find an attorney because you’re halfway across the world.

Whatever the reason, you don’t respond soon enough, and your wife files for default and gets it, which means she gets everything she asked for in her divorce papers.

This usually means she gets the kids, alimony, child support, the house, and at least half of your military retirement.

Now, you’re about to come home (or you’re already home) and you don’t know what to do.

What can you do?

The Utah Service Members’ Civil Relief Act

In Utah, if you’ve been called to active military service by the governor, there is a law that protects you during your military deployment.

It’s called the Utah Service Members’ Civil Relief Act (USMCRA).

Among other things, the USMCRA “suspend[s] or postpone actions upon those obligations [ i.e., civil obligation you cannot perform because of military service] until 60 days after discharge from active, full-time, military service.”

In other words, if you cannot do certain things because you’re deployed, the USMCRA postpones your duty to do those things until after your service ends.

Divorce Default

One of the USMCRA provisions that directly protects a military member on deployment is about default judgments.

Here’s what the law says:

39-7-104.  Reopening default judgments.

(1) A default judgment rendered in any civil action against a service member during a period of military service or within 30 days after termination of the military service may be set aside if:

(a) it appears that the person was prejudiced by reason of his military service in making a defense to the action;

 

(b) application by the person or his legal representative is made to the court rendering the judgment not later than 60 days after the termination of the military service; and

 

(c) the application provides enough facts that it appears that the defendant has a meritorious or legal defense to the action or some part of the action.

 

In other words, if your wife defaulted you while you were on deployment, you may be able to have that default thrown out.

This means you could reopen your divorce and fight for a fair resolution.

Move Quick To Overturn that Default

You have to move quickly to overturn that Utah divorce default, though.

The USMCRA allows only sixty days for you to file with the court to have the default overturned.

Conclusion

If you’re wife defaulted you while you were on deployment, you may be able to overturn the default and try for a fair settlement in your divorce.

Do it quick, though. You only have sixty days.

Call Brown Family Law

If you find yourself facing a Utah divorce, please call 801.685.9999 for a legal in-person consultation, or use our online scheduling tool.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
Based on 949 reviews
Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.
This law firm went above and beyond for me and my case. I would highly recommend them to anyone needing a good lawyer for custody issues.
Response from the owner:Thank you, Denney. So glad we could help.
Carren is absolutely amazing! Made things easy and always was helpful explaining.
Shout out to Carlos! Very nice, and knows the value of good legal representation.
Jennifer and Dani did a wonderful job handling my case. The communication and accessibility were top notch.
Brown Family Law is very professional. They use their phenomenal expertise to manage every case with care. I would highly recommend them.
Response from the owner:Thank you, Kim. Glad we could help.
Very thorough and on top of dates and timing for various documents.
My attorney Andrew Christensen was great! He was very helpful while being realistic and upfront with me at the initial consultation. He did a great job of guiding me and answering any questions I had throughout the whole process. My paralegal Carren Leavitt was also very helpful. I appreciated her weekly check-ins, for the aid she provided, and the questions answered.
Clay Randle provided exceptional support and counsel. He was patient, knowledgeable, and thoughtfully addressed my many questions and concerns. Thank you very much!
Paul and Dani were incredibly communicative, educational, willing to work with our unique circumstances, and took the whole process from complicated and overwhelming to simple. Highly recommend!!
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories