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Divorce while serving on Active Duty in the ARMY?

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

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Attorney answers 4


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 not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


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 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.

Philip Douglas Cave

Philip Douglas Cave


The military has no jurisdiction here. Get it resolved before you enlist. These are problems that become more difficult to resolve once in the military.


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.


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.

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