I am a Soldier and my wife is in Germany. I want a divorce due infidelity. I have been in tx 6 mos now can i file for divorce.

Asked over 3 years ago - San Antonio, TX

My wife is with another man right now and she does not want to get a divorce due to the benifits she has as an Army spouse. We have two kids in the marriage and I have no proplem paying child support. But she said I can not see the kids any more and if step a foot in Germany she will have me arrested. I am tired of fighting, I want a divorce. What do I do?

Attorney answers (3)

  1. Edgardo Rafael Baez

    Contributor Level 18

    Answered . Is your wife a soldier as well? If not, you should have no issues with a Texas Divorce.

  2. Thomas James Daley


    Contributor Level 18

    Answered . You have a tough situation to work through, if she plans to stay in Germany. If she is just stationed there, I assume she will want to return to the US one day, with the kids.

    If you want a divorce and don't really care about child custody issues, you can file for divorce in Texas, but then you have to have her served. Serving a person on active duty, particularly on overseas deployment can be frustrating. As a soldier yourself, you can probably work through that easier than civilian spouses.

    Good luck!!

  3. Mary Katherine Brown


    Contributor Level 20

    Answered . You certainly don't need to go to Germany to get your divorce, I'm sure an attorney in TX will be able to help you right away. You can search the attorney profiles here on Avvo for an attorney in your area. Contact two or three to compare costs and philosophical fit, then choose one to handle your divorce and arrange an appropriate plan for you to have parenting time with your children. Good luck!

    IMPORTANT LEGAL NOTICE: Ms. Brown’s response to the question above is not legal advice and it does not create an... more

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