USMC divorce


#1

I am Active Army guy, the one thing I did when my command ordered me to pay my spouse was provide my attorneys business card to the command, and told them to contact the attorney so my legal rights within the civilian laws were not violated. I advised them to refer my former spouse to my attorney whanever she called also. (She called Twice and no more after that)Your son must do this in a compassionate way explaining the situation in it’s entiretly and perferably before she calls the chain of command. If your son has a good record with the chain of command and has a decent chain of command they will have a route to protect themself with thier higher chain of command, and your son is also protected by the attorny. The former spouse has a route to air her grievence and request money, and the circle of divorce continues.
As for custody he needs a good attorney, HE MUST show stability, with what we call the “family care plan” get it done, legitamate, and have the support network established prior to going to court. Beleive it or not there is thousands of single parents in the military, I am one been doing it for a long time. And if you show things are established and in the best intrest of the child and which they must be in order to win … Best of Luck - GET A GOOD ATTORNEY.

Disbelief in the system


#2

The problem with life in the military these days is that women think if they leave there husband they will automatically get custody of the kids. I think it sucks because us military guys are serving our country in Iraq and Afghanistan. Our wives are leaving us whie we are over here not thinking about our feelings. I think that 50% of the divorces in the military wouldn’t happen if women knew that they could loose custody. My wife cheated and left me since I’ve been here in Afghanistan. I plan to fight for my children when I get back. I only have 5 days left here. I can’t wait to leave!! I miss my kids sooo much. Being in a place like this really makes you figure out what is important in life. Family to me is Number 1. I hate the fact that i won’t have my family there to meet me when I get home.

Matthew P. Cohen


#3

Yes matteo009, That is one of the problems but, there is many more and I would like to list just a few and everyone should reflect on how a service member is treated in regards to divorce.
1.The chain of command usally will side with the spouse in attempts to diffuse a situation this ussally turns out to be ammunition for opposing counsel regardless if the soldier is wrong or not.
2. the army regulations force soldiers into counseling but, nothing requires a spouse into counseling, no matter what the situation most county social services put that entire responsibility on the Army.
3. The courts and lawyers automatice beleif in a 50 % division of the retirement benifits IAW Uniformed Former Spouses Protection Act thats disregardes the state laws, but provides nothing for the soldier for protection and if you don’t fight until your death you will lose.
4.They may even take after your death also with the Survivor Benifit Plan, which for me I demanded for my children whom I have custody of.
5. And last but least the total impact on a carrer that the former spouse wants a portion of that they will do anything to destroy that carrer in the proccess.
6. Finding a lawyer that knows and will protect the entitlements of a service member is tough.[?]

Disbelief in the system


#4

Dear dumonde:

Greetings. He needs to immediately revoke his power of attorney. He is entitled to pay her alimony and child support in North Carolina. He is entitled to half of all the property. I hope that this helps. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

My son just returned from 1 year in Iraq. He was home from Jan 2004 though Jan 2005 after 1 year on Okinawa. He is a SNCO. His wife(his 1st marriage, her 2nd)hasn’t worked in 2005 and is going to school. They have a 5-year old daughter. He pays all the bills. She bought a new car in his name as his attorney-in-fact during deployment,with a $465/mo payment and they have another car with $400/mo payment. His name alone is on the apartment lease.
In Sept 05, she unilaterally decided she did not want to be married any longer. She wanted him to agree to a separation which he did not want to do. He wanted to wait until he returned from deployment.
She wants the new car, the child, the furniture and wants him to surrender the key to the apartment.

I’m thinking since it’s his aprtment and his child and his stuff and she’s the one who wants to end the marriage, then she should just leave. What is she legally entitled to? His command tells him he only has to apy her $620/month, minus her car payment. She has no job, no resources by her won choice. She chose to quit her job and can go back to work, just doesn’t want to. He wanted to keep the marriage together, but it looks like she in intent on divorce. I told him to sell both cars and buy her some basic transportation, give it to her.

She is using the child as a bargaining chip, but she was already deemed by the court as an unfit custodial parent regarding her son by a previous marriage. She dumps this child with friends and sitters at every opportunity. My wife and I kept the child all summer. She says my son can’t get custody because of his liklihood of deployment. My wife and I would like to get custody of this child, because we could give her a stable home and guarantee her education and security, whenever our son might be deployed. We were wondering if we could somehow get joint custody along with our son?

If she’s the one initiating this divorce, how is she entitled to anything more than basic needs?