Divorce while serving on Active Duty in the ARMY?

Asked about 1 year ago - Los Angeles, CA

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

Attorney answers (4)

  1. John Daniel Hafemann

    Contributor Level 12


    Lawyers agree

    Answered . Consult a local family law attorney in your area for an in-depth consultation. This is a family law question more than a military law one. Best of luck.

  2. Rixon Charles Rafter III

    Contributor Level 20


    Lawyers agree


    Answered . a) yes.
    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... more
  3. Robert Andrew Michael Burns

    Contributor Level 17

    Answered . Please do not ask California lawyers to address the law in Virginia. We are not licensed to care or assist. Your military attorneys will handle everything if your divorce is consensual.

  4. Ophelia Genarina Bernal-Mora


    Contributor Level 19

    Answered . The Avvo forum is meant to assist people with general questions, not case specific entire consultations. I would recommend you directly contact some local attorneys to set up a consultation to fully discuss all of your questions and your rights. Many great attorneys can be found here on Avvo.

    You should consult an attorney for advice regarding your individual situation since every case is different and... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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