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What is a spouse who has been married to a military member for 12 years entitled to?

Virginia Beach, VA |

I have a friend whos husband deserted her and her daughter after he left them homeless and living in a car. They have nothing right now but he has left the state. Meanwhile he has been posting on Facebook how he has all this money for drinking and posting pictures of liquer while his child is out here living in a car with no food and no way to shower. There must be something the mom can do to get a speedy divorce and some kind of support. She has contacted the command via text and Facebook all they told her is that there is nothing they can do. It's ashamed that she let him drag her here supported him for the 10 years he aS in even enduring him cheating on her. And he does this to her and her kid. It's not fair that there are laws that protect that pig and not for her.

Attorney Answers 3

Posted

This does not sound legitimate. First, who would contact the command by text and Facebook? Who is she texting? Second, there are military regulations regarding support of family members. Third, she can go to Family Relief. Fourth, she could go to the Juvenile and Domestic Relations District Court and file for support.
She can talk with the military legal office for advice.
I don't know of any laws that are there to protect him and not her.

This response does not create an attorney-client relationship and is intended for general information purposes only. For specific information regarding your case, call my office at 757-533-5400 to schedule a consultation.

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5 comments

Asker

Posted

He is Virginia national guard. They contact each other by text or phone and he has some of his command on Facebook. He used family relief so much that they told her there are no resources left. Which I don't understand but then again I'm navy.. so tell her to contact the army JAG or can she use any branch?

Mary G. Commander

Mary G. Commander

Posted

Has his unit been activated so that he is on active duty? Has she at least filed in court?

Asker

Posted

No he took off and when to Michigan.. he only does weekend drills. What does she need to file? She has no money to hire a lawyer. Does legal aid do military? She is going there on Monday.

Mary G. Commander

Mary G. Commander

Posted

Then he's not "in the military". File for support like I said in my original answer.

Asker

Posted

K where does she go filled for spousal support till she can get to the lawyer or is that something she has to goto court for?

Posted

These alleged facts are far fetched. Why contact the command through facebook? Drive to the unit see the family rep and ask the questions. And actually the laws are very powerful when it comes to protecting depends. They are far more effective than anything in the civilian world.

This is not legal advice. This is merely a recommendation on how to get what you need from the Court.

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1 comment

Asker

Posted

I can drive her there once there is there anything she needs to tell them or ask of them? She just wants to divorce him now and get it over with. I guess he has done this to her before

Posted

Sounds like he is a reservist--not on active duty. He gains no advantage from being in the military that she doesn't also receive. She needs to take action like anyone else--sue for divorce.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I give a 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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2 comments

Asker

Posted

Thanks, I'm going to take her file for child support on Monday and call legal aid to get an appointment..

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

Legal aid--good idea. Best of luck to her.

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