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linmoi
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Reged: 02/16/06
Posts: 2
divorce in military situation
      #79506 - 02/16/06 08:16 PM

does anyone have any clue about divorce from a military member? my ? is mostly this- we have been stationed in CA since we've been married, his place of residence and mine are UT(so we've been filing in UT) but i want to leave to go back to my home state ND. i was told that we could file here in CA but it would not be valid once we left CA. i was recommended to file in either one of our home states, UT or ND. Is that true?

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almostheaven
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Reged: 07/13/04
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I believe you would have to file in UT... [Re: linmoi]
      #79518 - 02/16/06 08:31 PM

unless you move back to ND and are there for their required period (usually 6 months to a year). Right now, you're considered a resident of UT and NOT of ND. And all states require a certain length of residency before you can divorce there.

Is there any assets/debt to split? Kids? If there is nothing, you wouldn't really need to worry about it. If there is, and you move back to ND, you would need to travel to UT for the hearing(s). If you both agree to the terms, filing a no contest could be done and over much faster and then you could move without worry.

--------------------
Char Fox


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linmoi
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Reged: 02/16/06
Posts: 2
Re: I believe you would have to file in UT... [Re: almostheaven]
      #79580 - 02/17/06 12:31 AM

i know this is going to make me sound like an idiot wife for letting it get like this, we've got one son.
problem is i am completely oblivious to what i am entitled to and what i can safely use say money wise to do what i need to do without accruing too much debt and end up paying for it. hubby has all control over primary acct. for our incoming funds, we have a joint separate acct. which i am primary. i don't use cc., last time we fought i was instructed he was going to be commanded to get me on his acct. but never followed through. since he's been out of the house-we are separated- am i entitled to use as much as i need out of the joint acct. for daily stuff and travel and counsel fees and such? will i be held liable to pay it back or what, i have not been working since living here. have been playing the homemaker role and he hasn't given me any money since he's been out of the home except for a few hundred. what do i do? i know i am entitled to some support and for the child, but he is also getting out of military soon and as far as i know does not have another job lined up-so whatever i should get would soon end.


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almostheaven
Carpal \'Tunnel
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Reged: 07/13/04
Posts: 10468
Loc: West Virginia
Re: I believe you would have to file in UT... [Re: linmoi]
      #79637 - 02/17/06 09:37 AM

You of course can use any joint monies to pay the bills. However, my guess is that once he sees you've used money in the account, he could be likely to clean it out so you can't do it again. You should call some lawyers for free consults. See if they recommend you remove that money for safekeeping and use to pay the current bills until the divorce hearing. Even if you have to pay them a small fee to get some good info, you can pay it out of that account as well.

You should also head to the local welfare office. Being that he's not in the home now and you're not working, you should be eligible for some assistance until you can find work.

--------------------
Char Fox


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