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Deployed Overseas and got served!

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wolvez2029

Junior Member
What is the name of your state (only U.S. law)? California
I am currently deployed overseas in the military and just got served divorce papers from my wife. All of my paycheck currently goes to a joint account that she uses to pay for everything. How much am I legally required to give her each month until the divorce is settled? I told her I was going to start taking 40% of my paycheck each month so I could hire an attorney and start saving up to get a place of my own when I got back but she told me her lawyer said I couldn't take any money without her consent or I would get into legal trouble.
 


Silverplum

Senior Member
What is the name of your state (only U.S. law)? California
I am currently deployed overseas in the military and just got served divorce papers from my wife. All of my paycheck currently goes to a joint account that she uses to pay for everything. How much am I legally required to give her each month until the divorce is settled? I told her I was going to start taking 40% of my paycheck each month so I could hire an attorney and start saving up to get a place of my own when I got back but she told me her lawyer said I couldn't take any money without her consent or I would get into legal trouble.
First: Never take "legal advice" from your soon-to-be-ex. They have no good reason to tell you the truth, or anything other than what serves them best.

Second: Here is a link to JAG's family law pages:
https://www.jagcnet.army.mil/852573F600760E8C/nav?openform&ewb=312012726&est=Family%20Law%20Matters&noly=1

Thirdly: It is imperative that you get yourself a local attorney to handle your matters on your behalf. JAG or whomever. But do not allow your STBX to run roughshod on your rights. In fact, the broad doesn't even have the RIGHT to file for anything while you are deployed. Nonetheless, she can do lots of damage to you while you are gone, so take care of this ASAP.

And most importantly, not fourthly, thank you for your service to our country. :):):) Take care of yourself, and do not allow this to distract you from your mission, or from your basic safety.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? California
I am currently deployed overseas in the military and just got served divorce papers from my wife. All of my paycheck currently goes to a joint account that she uses to pay for everything. How much am I legally required to give her each month until the divorce is settled? I told her I was going to start taking 40% of my paycheck each month so I could hire an attorney and start saving up to get a place of my own when I got back but she told me her lawyer said I couldn't take any money without her consent or I would get into legal trouble.
JAG can help you with the necessary paperwork to put a hold on the divorce until your deployment ends. The Soldiers and Sailors Relief Act does not allow that kind of case to proceed while you are deployed.

The military will require you to support your wife and children until you are legally divorced. (and your children after that) JAG can also tell you how much of your pay needs to continue to be deposited in the joint account for that purpose.

Keep in mind that she will need enough to continue to pay any joint obligations that you have (you don't want your credit to get tanked because joint debts are not being paid). So, even if JAG tells you that you only need to give her 30% (for example) if that isn't going to cover the joint bills and provide food on the table you need to be cautious about how you proceed.
 

wolvez2029

Junior Member
Thank You

Thank you both for your responses! i have spoken with my legal office and they have given me the number of the JAG back home so that I can call them on Monday. You have both been very helpful and I truly appreciate it!
 

Silverplum

Senior Member
Thank you both for your responses! i have spoken with my legal office and they have given me the number of the JAG back home so that I can call them on Monday. You have both been very helpful and I truly appreciate it!
:) You're very welcome!

Good luck to you. And again, thank you for your service. :):):)
 

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