What should I do?


#1

My wife and I have verbally agreed to separate. But she has made no effort towards a paper agreement. I am active duty military and can have a JAG officer draw the papers up free of cost.

I am getting out of the military within the next 3 months, and am relocating to my home state. My wife has CHOSEN not to come with me, hence the separation. She does not work, and has not worked in the past 3-4 years, she refuses to file for disability (which she might qualify for) and she demands a lot in a separation agreement, which has not even been drafted, since we cannot past the first couple of things.

What should I do? My income will become ZERO (or unemployment) once I am out, and she will need/want support from myself. She has no legal debts, but also an expired driver’s license and vehicle registration and maybe a pending bench warrant. She has demanded continued healthcare and ridiculous amounts of money. What can/could happen if she moves in with her family, and I move home? Can she file with the courts if there is no separation agreement in place concerning spousal support? Can the court order an amount that I cannot pay? What are my legal rights in this case?

The clock is ticking concerning my guaranteed paychecks, and I am trying to sort things out, but she is not helping at all.

We have never had children, own nothing of value post-marital, and do not own any property.


#2

I am not a lawyer. Do you have access to legal aid through the military? I would try that while you are still in the military. Maybe that would atleast force her to the table. There is nothing like getting a letter from a lawyer.


#3

The Base Legal/JAG officer can not do anything in civilian courts. All they can do is suggest separation agreement terms (through a worksheet) and then write an agreement to be signed. They were pretty useless to me. No surprises there.


#4

She may file for support with the court, and the court will determine what, if any amount, she will receive after reviewing all the facts.