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Divorce Source Community Forums >> Military Divorce

justmekc81
recently joined

Reged: 01/13/11
Posts: 2

Re: Overseas Military Divorce

01/13/11 02:25 AM

I'm in your wife's situation. My husband is in Italy and has 6 months left before he leaves. We recently separated and I moved back to the states. Before I left I visited Jag and was told that each state has different laws about filing and we would have to consider those when/wherever I moved. We had CA, VA and TX to worry about when considering whose laws we were going to go by. Each state required that I was a resident if I wanted to file for divorce and establishing residency was different in each state (for example, I had to live in CA for 6 months to establish residency, 3 months for Texas). I am actually not sure where I can legally claim residency so I decided to just go ahead and file immediately in whatever state I decided to go back to, and if the courts decided that they needed proof of residency, I would just deal with that when the time came. The Jag officer warned me that if I filed and the court missed that I wasn't a resident, my husband could hold it against me later and claim that we were not legally divorced. I don't know about your situation but it seems like you and your wife are on good terms and wouldn't have to worry about this issue.

Anyway, I wouldn't go through Italy for a divorce either. You can get a translator through the military but I know what you mean about things happening slowly there.

My suggestion is to have some papers drawn up before she leaves for peace of mind (who will be getting what furniture or if you are going to give her spousal support, etc) then have her file as soon as she gets home to which ever state it is that she will be moving. You can look up the residency laws online. Since everything seems calm between you two, maybe consider waiting the needed amount of time to establish residency before she files. Maybe she can go home and not file until you are there? Anyway, just some options. HTH

Post Extras

Entire topic
Subject	Posted by	Posted on
Overseas Military Divorce	USAF_Engineer	12/28/10 06:48 AM
Re: Overseas Military Divorce	Miranda	12/29/10 07:29 PM
Re: Overseas Military Divorce	USAF_Engineer	01/04/11 02:03 AM
Re: Overseas Military Divorce	Miranda	01/04/11 07:35 AM
Re: Overseas Military Divorce	justmekc81	01/13/11 02:25 AM

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