My spouse lied to leave Hawaii on temporary military orders while I deployed. A month after getting to the location in Idaho she filed for divorce. All my property is there and her lawyer is trying to claim it's a community property state. I stated the property is there as a result of a temporary military move by my spouse "on orders." I am still in Kuwait and return back to Hawaii for another 16 months, so how can the state try to keep my goods when I do not live there? The car she is using is also titled in my name and purchased in a non-community property state. Her lawyer is requesting I pay off the car and put the title in here name - I said no way. Also they want my retired pay when I retire soon, I explain the court did not have jurisdiction for dividing retireed pay-USFSPA..
Serious need for a skilled attorney. Do not waive your rights as to deployed serviceman (Soldiers and Sailors Relief Act), see JAG, and see what can be done to stop things until you are home. Service itself does not sound like the primary issue.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.
You are protected by the Servicemembers' Civil Relief Act. Read up about it online and immediately seek the assistance of a JAG officer. In addition, it would help to retain Idaho counsel to make a special (not general) appearance in your case to assert your rights under the Act.
By the way, you are correct that moving property into Idaho for purposes of divorce does not make it community property, but you do not reach that issue due to the effect of the Act. It sounds generally that plaintiff's counsel is inexperienced in military/family law. You might consider making contact with attorney M. Lynn Dunlap, a JAG officer and family law practitioner here in Twin Falls.
Best wishes for a favorable outcome, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
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