Enlisted soldier was married to a woman who has 1 teenager kid from her previous marriage, which was never adopted by him. Marriage lasted no more than 2 years. In case of divorce:
a) Can an active duty soldier get No-Fault divorce?
b) If wife contests, do they go to military court or civil court?
c) If an Enlisted soldier can get separation before Basic training will it help for future divorce?
d) If divorce occurs in VA will it be 6 months separation or 1 year? The kid is not his, nor he is on birth certificate.
What would you advise to someone who wants to divorce before shipping or while active duty?
No assets to divide at all. No mortgage payments no car ownership.
Thanks bunches for all your unputs
Divorce / Separation Lawyer
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b) civil court. Military will not be involved in your divorce.
c) Help? No. Hurt the divorce result? No
d) Six months separation unless child is of the marriage (under VA rules).
See a family law attorney, you may be able to resolve the issues before you ship.
No good time to divorce. Having to deal with it at bootcamp will not be helpful to your success in bootcamp or to the divorce process.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
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2 lawyers agree