no-fault divorce for active duty marine

[robertrcaudill]

What is the name of your state (only U.S. law)? michigan

I want to file for a no-fault divorce but I am in Iraq until late September and will not be able to return to Michigan to file until November. Is there any way that I can get the divorce started now so I don't have to wait? Since I am overseas I do not think my wife can start the papers because they can't get to me and back within the 28 day grace period (mail takes 2 weeks one way). And i think the law keeps it from going default and auto finalizing if I am overseas.. so how can I make this work? which one of us has to file and how do i get my end of it done from here? any help is appreciated; military legal won't help because they're california laws not michigan-.-

 

[TinkerBelleLuvr]

Why the hurry? Can't it wait?

 

[robertrcaudill]

5 more months of waiting? that's a long time to be unhappy for. Anything can happen in 5 months time; plus another month for the paperwork to file and 2 months for it to finalize.. there has to be a way to get it over with from here.

 

[TinkerBelleLuvr]

It's not like you two are living with each other right now - y'all are separated by HOW many miles?

You can change your will to acknowledge that you two will be separating. You can get her to sign off as NOT be beneficiary.

Is there someone there in the wings?

 

[robertrcaudill]

no one in the wings but i'd hope there'd be someone on some level before February which is where this looks like it might finally be over at this rate. And she isn't in my Will.

 

[TinkerBelleLuvr]

If you are back in the states by September, why not get the paperwork started so that you have a court date in November. Nothing says that you can't do legwork by email to have it prepared. You don't physically have to be in Michigan to talk with an attorney.

My attorney is in Michigan. She prepares my paperwork and gets it filed for me. I only have to show up.

 

[robertrcaudill]

if it's no fault and i'm not contesting anything do we even need a court date? do I even have to show up?

 

[TinkerBelleLuvr]

It's always in your best interest. Granted, I wouldn't be enthused about being in Michigan in November, but even I would show up.

 

[robertrcaudill]

if it's too hard to get the time off work to get there would it do me harm not to show?

 

[TinkerBelleLuvr]

That's where an attorney can help you. You MIGHT be able to appear telephonically if the attorney is there representing you.

 

[Ohiogal]

no one in the wings but i'd hope there'd be someone on some level before February which is where this looks like it might finally be over at this rate. And she isn't in my Will.

Doesn't matter. She can take against the will as though you never had a will and get her portion due her under intestate succession.

 

[robertrcaudill]

so no one knows if there's a way to avoid waiting until i'm stateside to get this process moving?

 

[TreyTyesMommy]

Since it's a no fault divorce can you share a lawyer and have her petition the court for the divorce. That's what I did.

 

[TinkerBelleLuvr]

Since it's a no fault divorce can you share a lawyer and have her petition the court for the divorce. That's what I did.

A lawyer can ONLY represent one of the parties. There is NO such thing as sharing an attorney.

 

[TinkerBelleLuvr]

OP - the thing is that you are currently in a war zone. There are rules in place for a reason.

I'm assuming that your home of record is Michigan. With that said, is there anyone there who can find you an attorney who will work on retainer and correspond by email to have everythign in place for when you get stateside?