You need to file a petition for legal separation or for dissolution of marriage and have your husband served. Child support and spousal maintenance will be addressed in the separation or divorce case. You may want to sit down with an attorney to discuss the exact process - as well as some of the special considerations that arise in pursuing cases against active duty military members and diving military retirement benefits.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
You can file and serve the summons and petition of dissolution. Since your husband is active military he can have the court stay the proceedings. There are issues of his military retirement that will need to be divided and parenting, child support, property division and possibly maintenance issues as well. Consult an attorney.
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Attorney Since 1991
All written responses are for general informational purposes and do not constitute legal advice. Please consult an attorney for legal advice
To supplement the answers provided by my colleagues, depending on how long you and your husband have been married while he has been active military, you may be entitled to some of his military retirement benefits. That is a specialty area of practice which is not understood well by a number of attorneys and judges. I make a point of consulting with an expert in this area whenever I handle a divorce involving a military member. At the very least, you need to consult with someone who understands these issues and can advise you as to whether you are entitled to part of his retirement and, if so, give you a reasonable assessment of the value of your interest in his retirement benefits.