Posted on Jun 27, 2023
When should I pursue a divorce? Before, during or after deployment?
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Currently serving in the guard and recently had a DM charge against me. Leadership strongly recommends I divorce her and I agreed. However I have an upcoming deployment i volunteered for in October and I would like to know the best course of action. My court is on July 5th and I’m very confident they will dismiss the charges since nothing horrible actually did happen. I’m open to all advice, thank you.
Posted >1 y ago
Responses: 14
Your best course of action would be to speak to a lawyer familiar with family law. Divorces that happen while on active duty are handled a bit differently than those that occur when you're not (or rather, they COULD be handled differently as other laws could come to bear).
The Wyoming Military Department provides access to Soldier & Family Readiness Specialists* which appears to allow you to tap into these services provided to WYARNG Soldiers.
Additionally, if you have pre-activation orders (sometimes called 'delayed effective date' orders), you MAY be eligible for legal assistance as if you were an active duty Soldier (i.e., free legal advice). You may be able to tap into the 90th Missile Wing Legal Assistance at Warren AFB* as they are the closest legal assistance to you.
Finally, if all else fails (or, you can start with them, you can hardly go wrong using them as your first call), call Military OneSource [login to see] ) and talk to one of the counselors there and they can route you to someone that can assist (if you're eligible).
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* WYMD S&FRS - https://www.wyomilitary.wyo.gov/resources/family-programs-3/soldier-and-family-readiness-specialists/
* 90th MW/JA - 6307 Randall Ave. Suite 209 [Bldg 232], Cheyenne, WY 82005, Phone: [login to see] (other locations can be found using the Armed Forces Legal Assistance locator - https://legalassistance.law.af.mil/)
The Wyoming Military Department provides access to Soldier & Family Readiness Specialists* which appears to allow you to tap into these services provided to WYARNG Soldiers.
Additionally, if you have pre-activation orders (sometimes called 'delayed effective date' orders), you MAY be eligible for legal assistance as if you were an active duty Soldier (i.e., free legal advice). You may be able to tap into the 90th Missile Wing Legal Assistance at Warren AFB* as they are the closest legal assistance to you.
Finally, if all else fails (or, you can start with them, you can hardly go wrong using them as your first call), call Military OneSource [login to see] ) and talk to one of the counselors there and they can route you to someone that can assist (if you're eligible).
---------------------------------------
* WYMD S&FRS - https://www.wyomilitary.wyo.gov/resources/family-programs-3/soldier-and-family-readiness-specialists/
* 90th MW/JA - 6307 Randall Ave. Suite 209 [Bldg 232], Cheyenne, WY 82005, Phone: [login to see] (other locations can be found using the Armed Forces Legal Assistance locator - https://legalassistance.law.af.mil/)
Soldier & Family Readiness Specialists - Wyoming Military Department
Soldier & Family Readiness Specialists Formerly known as Family Assistance Centers – We provide 24/7 support to Service Members, Families and Veterans to assist with any issues they may encounter. Essential services include crisis intervention, legal, financial, TRICARE, Employment Assistance, Defense Enrollment Eligibility Reporting System and Family Readiness Group issues support. Marc Hernandez Lead |…Read More »Soldier & Family...
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I would advise you to ask legal questions in a private forum and not somewhere where your question/answer could be used against you in family court. (not an attorney)
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I will give you a bit of advice. First, if you want to get divorced get it ASAP. Do not wait for year. When you are on active duty you will be required to pay your separated spouse IAW AR 608-99. As soon as your spouse speaks to a lawyer they will find out things like this. It gives the spouse the ability to pay the lawyer. If possible you can ask your spouse if she willing to divorce and the both of you can come to an agreement and settle things. This will save you time and money. I would not wait on the deployment to get the divorce. I have never met anyone that was glad they waited to get a divorce. I can tell you from experience my regret is that I didn't act fast enough.
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Speak to JAG, they can offer some advice but probably not act as your attorney
(4)
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Not sure when your deployment date is, but you should probably ensure your name is no longer on any credit or bank account she has access, and that she has no POA for you to prior to deploying.
Folks in your situation often come back to $20-$30K in debt from the ex having the access to do damage.
Folks in your situation often come back to $20-$30K in debt from the ex having the access to do damage.
(3)
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You need to speak to someone with a legal background and specifically family/divorce law. Bad news doesn't age well and that includes divorce. If this is the route you want to take you should be proactive. That means protecting yourself and your personal assets. Protect your accounts, remove any existing power of attorney and start the legal process for divorce. Its not normally a fast process these days so the sooner you start the sooner it is adjudicated. Good Luck
(3)
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SPC (Join to see), with CPT (Join to see)'s advice in mind and I am not a lawyer and this is not legal advice, merely my experience with Soldiers who have sought relationship advice:
When it comes to long term relationships and deployments, I tend to counsel Soldiers to speak to family readiness specialists and the Chaplain for relationship help. Especially if the relationship is on the rocks. Avoid the barracks lawyers and your buddies, unless they have been in your exact circumstances with the same person, they are making their best guess about what could might possibly happen.
The advice changes depending on the type of relationship: live-in partner, new marriage, old marriage, casual, etc; and the nature of the issues causing conflict in the relationship. Since you asked "when you should pursue a divorce" versus "should I pursue a divorce", my guess is you feel, right now, that the relationship is over, but the impact of marriage and the subsequent repercussions will not be, go into this with that in mind.
Divorce outcomes can also vary widely depending on the state you are in. Some of the things you can expect to have to address are alimony and child support, depending on your situation and state.
If you are interested in divorce, talk to a divorce lawyer. Unless your state allows no-contest divorce and you know 100% for a fact that your spouse is on board with it, this will most likely go to court and they may not docket you until after you have left CONUS. In which case you need to have your deployment orders on file with the clerk of court for them to postpone the hearing, otherwise they will issue judgment in your absence (unless you have retained an attorney who will appear on your behalf).
Marriage is sticky when it comes to dissolution. There are custody concerns, separation of any assets, what happens to the livelihood of both parties that were accustomed to a joint income lifestyle (or sole income if one doesn't work). That why marriage counseling before and during the union is my #1 recommendation.
When it comes to long term relationships and deployments, I tend to counsel Soldiers to speak to family readiness specialists and the Chaplain for relationship help. Especially if the relationship is on the rocks. Avoid the barracks lawyers and your buddies, unless they have been in your exact circumstances with the same person, they are making their best guess about what could might possibly happen.
The advice changes depending on the type of relationship: live-in partner, new marriage, old marriage, casual, etc; and the nature of the issues causing conflict in the relationship. Since you asked "when you should pursue a divorce" versus "should I pursue a divorce", my guess is you feel, right now, that the relationship is over, but the impact of marriage and the subsequent repercussions will not be, go into this with that in mind.
Divorce outcomes can also vary widely depending on the state you are in. Some of the things you can expect to have to address are alimony and child support, depending on your situation and state.
If you are interested in divorce, talk to a divorce lawyer. Unless your state allows no-contest divorce and you know 100% for a fact that your spouse is on board with it, this will most likely go to court and they may not docket you until after you have left CONUS. In which case you need to have your deployment orders on file with the clerk of court for them to postpone the hearing, otherwise they will issue judgment in your absence (unless you have retained an attorney who will appear on your behalf).
Marriage is sticky when it comes to dissolution. There are custody concerns, separation of any assets, what happens to the livelihood of both parties that were accustomed to a joint income lifestyle (or sole income if one doesn't work). That why marriage counseling before and during the union is my #1 recommendation.
(3)
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Look into the requirements and timeline for your state. Some states require at least 3 months between filing and finalizing. The timeline may factor into weither or not it would be possible to complete before you deploy
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Well, that's what the Staff Judge Advocate is for - legal advice and cousel.
Logically though, IF there is a question of support incidental to a divorce, your pay will be higher on deployment if it's to a hazardous duty area. Thus, your support "could be" higher and you would probably have to have a hearing post-deployment to get it lowered. Just food for thought that may not apply.
Logically though, IF there is a question of support incidental to a divorce, your pay will be higher on deployment if it's to a hazardous duty area. Thus, your support "could be" higher and you would probably have to have a hearing post-deployment to get it lowered. Just food for thought that may not apply.
(1)
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Before you hit the I've been married 10 year mark. After 10 years the former wife is entitled to 50% of your retirement. If getting divorced do so before a deployment. My thought anyway
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