where should I file

[lowstature]

What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)?
I am a soldier deploying in 3 weeks. While away for deployment training, my wife packed up everything, maxed out our credit, sold the house and moved to Ohio (2 weeks ago). I am currently in KS and have been here 65 days. She tried to file for divorce in OH, but has not lived there long enough. She stated she wants child support, alimony and half my retirement. She was told by her attorney that if it goes thru in Ohio, there is a good chance she will get it. In order to save any of my assets, it is best that I file now. We are both TX residents, and I also meet requirement to file in KS. We have 1 child.

My goal is to preserve my assets as much as possible. I am willing to pay her some $$ for a while, but I don't think it should be for life. We've been married 11 years and neither of us were unfaithful (to my knowledge anyway). She is medically disabled and receives a full retirement pension from VA. Her attorney said that should help her get more $$ in her favor because she can't work. My pay is only about $1600 more than her retirement benefits.

Which state is the best choice of preserving capital, and giving me a life someday afterwards? I do not want to pay her for the rest of my life. Need to see an end to alimony and retirement if possible. I don't want to be bled out slowly for life.

I heard Texas grants alimony 1 yr for every 3 married. I also heard that KS doesn't grant alimony in most cases. I was also told that she can rquest the the case be transferred to ohio because that is where our son is. Is that something both TX and KS will do or is that just TX? I need a good plan, I am new to this but must act quickly and swiftly.

Thanks,

 

[LdiJ]

What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)?
I am a soldier deploying in 3 weeks. While away for deployment training, my wife packed up everything, maxed out our credit, sold the house and moved to Ohio (2 weeks ago). I am currently in KS and have been here 65 days. She tried to file for divorce in OH, but has not lived there long enough. She stated she wants child support, alimony and half my retirement. She was told by her attorney that if it goes thru in Ohio, there is a good chance she will get it. In order to save any of my assets, it is best that I file now. We are both TX residents, and I also meet requirement to file in KS. We have 1 child.

My goal is to preserve my assets as much as possible. I am willing to pay her some $$ for a while, but I don't think it should be for life. We've been married 11 years and neither of us were unfaithful (to my knowledge anyway). She is medically disabled and receives a full retirement pension from VA. Her attorney said that should help her get more $$ in her favor because she can't work. My pay is only about $1600 more than her retirement benefits.

Which state is the best choice of preserving capital, and giving me a life someday afterwards? I do not want to pay her for the rest of my life. Need to see an end to alimony and retirement if possible. I don't want to be bled out slowly for life.

I heard Texas grants alimony 1 yr for every 3 married. I also heard that KS doesn't grant alimony in most cases. I was also told that she can rquest the the case be transferred to ohio because that is where our son is. Is that something both TX and KS will do or is that just TX? I need a good plan, I am new to this but must act quickly and swiftly.

Thanks,

Have you been in the military for the entire 11 years of your marriage?

 

[garrula lingua]

It's very difficult to get alimony (maintenance) in Texas.
The cap is three years (although temporary maintenance can be ordered during the divorce process), and a spouse has to prove inability to support themselves in order to qualify for those three years.
Texas' child support is normally 20% of net income (only deduct tax, fica, union dues, health ins) for one child & will continue until the child is 18 or graduates high school.

Whichever state you file in, that state must have jurisdiction (subject matter & personal - most states require six months living in the state and three months in that particular county).

What state has the baby lived in, and for how long ?

 

[lowstature]

responses

I've been active duty for 15 years, we met when stationed in TX. Active duty the entire marriage.

we were stationed and living in OK when I got sent to KS. My son of 4 years was living there too. They moved to Ohio the 13th or 14th of September.

I am willing to get out of the Army for custody, but want at the very least joint custody.

I asked her what she would agree to, she said what ever the max was that she could be awarded by courts. She is not willing to go in with an agreement.

with the medical disablility her lawyer said she would be entitled to alimony for life because of unemployability. I can prove she is capable of working (she sells stuff online) and she also goes 4 wheeling, motorcycle riding, bunjee jumping etc... but I was told it doesn't matter because a doctor already found her unemployable and she is getting paid for it. They said don't even try to fight that.

 

[LdiJ]

I've been active duty for 15 years, we met when stationed in TX. Active duty the entire marriage.

we were stationed and living in OK when I got sent to KS. My son of 4 years was living there too. They moved to Ohio the 13th or 14th of September.

I am willing to get out of the Army for custody, but want at the very least joint custody.

I asked her what she would agree to, she said what ever the max was that she could be awarded by courts. She is not willing to go in with an agreement.

with the medical disablility her lawyer said she would be entitled to alimony for life because of unemployability. I can prove she is capable of working (she sells stuff online) and she also goes 4 wheeling, motorcycle riding, bunjee jumping etc... but I was told it doesn't matter because a doctor already found her unemployable and she is getting paid for it. They said don't even try to fight that.

What she will be entitled to, for life, is a share of your military pension. A military pension is considered to be marital property, not alimony. Since you have been married longer than 10 years, and in the military the entire time, the military will even pay it to her directly.

However, you should fight her getting both alimony AND a share of your military pension.

 

[garrula lingua]

Sounds like Ok is the most logical state for the divorce filing.

If you wait too long, then Ohio will have jurisdiction.

Right now, it appears you each have equal rights to custody of your son.