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YourDaddy
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Reged: 02/26/10
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Question of legal seperation and contesting
      #637023 - 02/26/10 04:03 AM

I have decided I want a divorce from my wife. I want this to happen as quickly as possible. She is talking about a 2 year separation. My question is, what is the likelihood that a two year separation would be granted since I don't want a separation at all. Second, if I just file directly for a divorce, and she contests it, how long can she draw it out. She only wants the separation to maintain her Tricare coverage.

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Redlegg
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Reged: 10/05/06
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Re: Question of legal seperation and contesting [Re: YourDaddy]
      #637045 - 02/26/10 07:37 AM

Find a civilian attorney who knows the laws of the state you are going to file in. it is possible to get the divorce and settle property after years of fighting. You will have to figure out, or fight for custody, and the CS will have to be settled. But the single best advice you can get, is to find a local attorney. I am not sure anyone can stop you from filing, the speration period is different in different places, but find an attorney.

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Miranda
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Re: Question of legal seperation and contesting [Re: YourDaddy]
      #637374 - 02/27/10 05:54 PM

Just file and keep pressing. The longer you wait the more money your spouse gets.

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13.1...because I am only half crazy!


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Redlegg
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Re: Question of legal seperation and contesting [Re: Miranda]
      #637379 - 02/27/10 06:21 PM

Do you know this guy, I mean who's yourdaddy :)

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lilsweetJeni
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Reged: 03/22/10
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Re: Question of legal seperation and contesting [Re: Redlegg]
      #643505 - 03/22/10 08:08 AM

you can do a marital separation agreement, but not file it through the court and it can last forever. JAG can do it on any type of base but Air Force. Me and my soon to be X were separated nearly 4 yrs. So that I could keep my life time of Tricare, but is voluntary by him, give that he would have has to supply me w/ an equivalent medical insurance if he didn't. Also if you have all the details worked out for separation of property, custody, and everything then the divorce will go much smoother when it comes (provided it is fairly done). Everything will be done as if, you were getting a divorce and treated like the same type of Separation Agreement that one would w/ in filing for a divorce, just you don't file unless one of you breaks the contract and you need the court to intercede. And you won't even have to pay since JAG will draw up the papers. I think once you go over 10yrs not a lot changed other than what military benefits the dependent gets ie: commissary/exchange/medical, but maybe I am wrong about that, since all the rest runs of a percent of pay.

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