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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> army
Nov 29
1999

Ask a Lawyer: Where is the jurisdiction?

Posted by Dads Divorce in soldier , Rules , Procedures , ND , multi-state , military , jurisdiction , duty , Ask A Lawyer , army

Question:

This is for my son: If spouse lives in Grand Forks, Minnesota, how can the divorce be in Grand Forks, North Dakota? They lived in North Dakota while in military and then moved to Texas. She stayed for 39 days and took the baby and went back to her dad's in Grand Forks, Minnesota. It has been six months and she filed for divorce in Grand Forks, North Dakota. Do they have the same jurisdiction? How can that be?

Answer:

Each state has different requirements for a party to obtain sufficient periods of residency to allow a party to file for divorce. For example in Missouri a party must be a resident for 90 days or longer. The location that would have jurisdiction is the last location that could enter the divorce. In all likelihood it would appear to me that Minnesota or Texas would be the proper location for the divorce. That allows the State to have subject matter jurisdiction over the divorce action. The State can not divide real property that is located in another State. Furthermore, the State would still need to obtain personal jurisdiction over your son. This means that he would need to be served with a petition from that State and have some minimal contact with that State. If served with a divorce petition from North Dakota you would need to retain an attorney in Grand Forks and ask them to file a Motion to Dismiss for lack of jurisdiction. If you have another action pending in another State he could ask that her Petition be transferred to the appropriate State. Finally, if your son is on active duty with the military he maybe able to halt the proceedings by claiming relief under the Soliders and Sailors Relief Act.
Nov 29
1999

Ask a Lawyer: Military service and divorce

Posted by Dads Divorce in military , Maintenance , Infidelity , deployment , Child Support , Ask A Lawyer , army , AL

Question:

I am currently contemplating a divorce and would like at least 50/50 custody. Our situation is complicated by a few factors. Originally from St. Louis, we currently own a home in Alabama together. I do not get out of the military for two years and therefore will not be able to maintain custody during that period of time. Will it be possible to reserve custody rights for a future date, for when I move back to St. Louis and rejoin my son? I purchased a car for my wife but since I was overseas I was unable to put my name on the title. Her dad did so instead. Will the court simply award her the car regardless of circumstance? When I initially transition back to civilian life I will likely be living solely off of my GI bill and will be a full time student. Will my child support obligations change to something more practical (assuming I can not retain 50/50 custody)? Thank you very much and I appreciate any guidance you could provide.

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Alabama. Generally, if you and your wife agree to have a future custody or support situation then you can enter into an agreement to that effect. However, a judge will not (or can not) enter into an order contemplating the future unless you agree. Therefore, whatever the order would be now (in the military), you will have to file a Motion to Modify when you get out.
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