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erin0326
recently joined

Reged: 06/04/12
Posts: 2

Military divorce questions...

#786251 - 06/04/12 11:59 PM

I'm new. My husband has had his second affair that lasted at least a month long. I don't believe he is staying with her. I am leaving him. I have two kids. We've been married 12 years while he's been active duty. I want to divorce. He wants to stay "legally married" to support us. So that our finances stay the same and that we all have his benefits. I just don't think this is a good idea for us. If we are going to split, we need to split completely, right?! I have no idea how to do this... How much will a lawyer cost me?!

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Redlegg
Carpal \'Tunnel

Reged: 10/05/06
Posts: 26679

Re: Military divorce questions...

[Re: erin0326]
#786259 - 06/05/12 06:56 AM

He wants to stay "legally married" to support us.

He will continue to get any benefits that a service member gets because they are married, there will be no division of property, visitation. Taxes may be an issue. None of the "protections" of divorce. Only you know if he will use those benefits to actually support you, he may, or he may not. Your child(ren) will continue to have medical care, and all other benefits except the commissary if you have custody.

If married, you will be entitled to use the medical system. You also have to look at the tax situation. What changes if you stay married, and if you divorce. You have to consider any support that would be ordered vs. what he is willing to do.

You have to talk to a lawyer to see how much they cost, uncontested vs. contested, temp settlements and the final. Many ways to do it that affect the cost, and talking to a lawyer is the best source. You can probably find one that has a free consult and get a few ideas from more than one.

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