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Divorce/Seperation - So Confused Please Help

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flnavy98

Junior Member
What is the name of your state? Florida

Hello, I am currently married to a US service member. We have been married for 9 years and 3 1/2 months. He wants a divorce and after hearing it for the 3rd year in a row I finally want one too.

Because he is military do we need to go through the military legal system?

Should I file for a legal seperation first?

We have an 8 year old daughter.

We are currently living together as we cannot afford to get out of our lease (just signed in April)

Please help, I am so lost and confused.
 


LdiJ

Senior Member
What is the name of your state? Florida

Hello, I am currently married to a US service member. We have been married for 9 years and 3 1/2 months. He wants a divorce and after hearing it for the 3rd year in a row I finally want one too.

Because he is military do we need to go through the military legal system?

Should I file for a legal seperation first?

We have an 8 year old daughter.

We are currently living together as we cannot afford to get out of our lease (just signed in April)

Please help, I am so lost and confused.
No, you would not go through the military legal system. No, there is no need to file for a legal separation first.

It would probably be in your best interests to have an attorney.
 

Ohiogal

Queen Bee
It would also behoove you to wait until after your tenth wedding anniversary to divorce for financial reasons (AND NO BALI I DO NOT MEAN ALIMONY). Depending on your income, after 10 years you could elect to take against his social security benefits when you retire. But you need to hit that 10 year threshold.
 

LdiJ

Senior Member
It would also behoove you to wait until after your tenth wedding anniversary to divorce for financial reasons (AND NO BALI I DO NOT MEAN ALIMONY). Depending on your income, after 10 years you could elect to take against his social security benefits when you retire. But you need to hit that 10 year threshold.
I will also have to add that a 10 year marriage entitles you to share in his military retirement, whereas a 9 year marriage does not....which is why I encouraged you to consult an attorney....and again, that's not alimony, that's retirement benefits.
 
a good attorney can.

Thanks, I am trying to hold on, but each day just gets harder and harder.
My wife and I (she is active duty) have been going through a divorce based on adultery she commited. A good attorney can get your case delayed long enough for you to go over the 10 year mark. My case has dragged on for 14 months and won't be done until middle of next year from what I can tell.

Good luck.
 

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