My last duty assignment was at Fort Gordon and my ex lives in Augusta. I still have 6 months left over here. How can I get a divorce as soon as possible? We have only been married for 1 year and as soon as I left she moved in with another guy and is now calling my command over here demanding money. The JAG lawyers say that not only do I have to wait until I get back to file but I also have to give her almost $1, 200 per month even though I am only an E5!! We have no kids, no property, no joint debt and all I want is a divorce and for her to leave me alone. Can anyone help?
Let's take these things in order:
1. Assuming you are in the Army since Fort Gordon is an Army base, you are first governed by AR 608-99 which is the Army's support of dependents regulation. In short, it states that in the absence of a court order or written agreement you are required to pay, either directly or with payments in kind, an amount that equals your BAH.
2. You do not have to wait until you redeploy to get started on the process. As long as you have internet connection and a printer, all of the documents you need to complete can be sent to you through e-mails.
3. Additionally, depending on who the judge is, you may be able to appear via Skype or telephone for your initial hearing which can be as early as 30 days from filing your complaint.
4. In regards to your ex causing troubles with your command, this is an easy fix since most judges will issue a restraining order preventing such. However, to keep your command happy, you need to show proof that you are providing for your dependents. Do this via an allotment or automatic bank payments.
There is a lot more I can tell you about this. I would suggest you call my office for further advice or an attorney with specific military divorce experience who can assist you with this matter. Try to find a lawyer who knows that COLA is not something you drink. :)
If you wish to get a divorce "as soon as possible," I would advise that you retain local civilian counsel that focuses on family law and that has special knowledge of military divorces. They can initiate the case on your behalf in GA while you are still deployed. They may be able to handle everything so that once you re-deploy home, you could be single.
Regarding the interim support you may owe your spouse, if you are in the US Army, AR-608-99 controls. You would have to give your dependents a certain percentage of your BAH-(WITH DEP), since the Army gives you this money tax free to take care of your spouses. In the alternative, you could make a written agreement with your spouse for less than AR 608-99 requires.
Best of luck to you!
Contact me off line. I am located in Augusta, and while I don't do divorce work, I can send you to someone who does.
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.
You need to retain the services of an experienced divorce attorney who can assist you in filing the case while you are deployed. JAG lawyers are not always well-versed in state-specific family law matters and the advice you have been given may be correct as far the military law regarding spousal support; however, the advice regarding Georgia divorce filings is incorrect. Please feel free to contact me to discuss your divorce case.
General Practice Lawyer
I will add that the American Bar Association has a military pro bono project that might assist here. You need. Referral from the military lawyers...
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Divorce / Separation Lawyer
You will want to speak to a civilian lawyer in the Augusta area who deals with military divorces. The time frame for a case will depend a lot on whether there is an agreement or not. Uncontested cases can be finished in 31 days or so. Contested cases take far longer.
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