I have no plans on moving and hope to have divorce papers waiting for his NPD butt. However I spoke with an attorney yesterday - he said he'd need to do a little checking into stipulations about filing with military members before we setup a meeting. On one hand it will make things like child support/spousal support easier because the military will make sure they're enforced. But on the other hand him living in another state could delay the process. So I'm waiting on him to get back to me and schedule a consultation.
I'm in Ohio by the way - can any of you with similar experience give me any info?
Filed for divorce May 16, 2014
1st court hearing October 23, 2014 (rescheduled :/)
divorce final November 20, 2014
First, as long as he is not deployed, you can divorce him. Military members who are deployed are protected from legal action.
Second, your entitlement to potential retirement is based on the length of your marriage and his staying in as are other military benefits for divorced spouses and dependent children.
Support issues are determined by civilian court.
Here is a resource that may help:
And you may also try googling divorcing a military spouse. Military.com has numerous helpful articles.
[This message edited by Tearsoflove at 3:33 PM, April 25th (Friday)]
As his family member, you now have the right to go to a military installation and seek free counsel with the Staff Judge Advocate office
Still Livin, I'm not sure what branch you are but my husband is retired Air Force. The base legal office will not consult with dependents on civil matters. They will advise you to obtain legal advise from a non-military attorney. In fact, most of the time, they refer military members off base unless it directly pertains to military matters or is something simple like preparing a will.
Also, with regards to SBP, there is a premium involved that is paid monthly out of the retirement pay in order to elect for SBP. I believe it varies by pay grade and the percentage of retirement to be paid. My husband's retirement check is reduced by that amount each month (it's close to $100) so that if he dies, I can collect 60% of his retirement pay.
I'd also like to point out that in the case of a spouse who is putting retirement in jeopardy (affairs with subordinates, getting into trouble while drinking, etc.) who might end up being forced out or who is the type to cut off his nose to spite his face (get out just so you can't collect his retirement), a bird in the hand is worth two in the bush. If you are offered a significant settlement amount in order to forgo retirement, it is worth it if there is a good chance your spouse won't make it to retirement or who will deliberately sabotage it.
[This message edited by Tearsoflove at 1:45 AM, April 27th (Sunday)]
WH and I have been married for 8.5 years. He was prior active duty Air Force, and then in the Army National Guard before commissioning in the Navy (yeah, I know, holy branch-jumping - all within a 4 year period)
When he was formerly active duty we had changed our military residency to Texas, but I'm assuming since he transitioned to the guard that it is back to Ohio.
He has 10 days of leave after graduation, 5 of which we had planned on using to find a house and pack up our current home. The kids and I were supposed to join him a few weeks later to move into the new place. I have a feeling once he knows what's going on, he'll use that full leave time to try to convince me to change my mind and won't leave to report until the last possible minute.
I plan to call some other attorneys to get second and third opinions. Thanks for your help.