friend in need of legal advice for daughter

[danelle0422]

What is the name of your state? CA


I have a good friend whose daughter was a navy member ( now a civilian). She is married to another active navy member. Her home of resident is Texas his is Arizona. They have been married for 3 years. He just recently came back from a 6 month tour and decided that he did not want to be married any more. She is a student. They live in military housing off base in San Diego. He does not want to give her any money or anything. Over the holiday she went to a friend house came back a few hours later and he had changed the locks to their house. She could not get in. She found the Sp and they could not get in either since he had changed the locks. They did find an open window and was able to access the house that way. She called his Co was told that they would speak with him on Monday. Is she entilted to the BAh (which i believe she is). Also waht are her rights. She does not want the divorce but he does. There are no children involved. But she does not know what here rights are. And does not like being treating this way. (Since he now wants to be with his single friend to be able to play). He help I can give them would be appreciated. Thank you. Also which state would have jurisdiction when it comes to a divorce.. The State of CA where they live or his or her state of residence.

[fozzy2]

She is probably going to need a lawyer. First, as long as they are married the service member owes her "reasonable support." She is still a military dependant as far as ID card, medical care, etc. goes. As to what state law applies, the rules for divorce vary from state to state. A divorce attorney can tell you in a jiffy.

As to the living arrangements..... you say "military" housing yet "off base." Is it actually owned/run by the military, or is it contracted out to a civilian company? It could make a difference in enforcing any rights. At any rate, you can't usually just toss someone out on the street from their home. On the other hand, living with someone you are in the process of divorcing is usually a mucho bad idea, IMHO.

The big question is whether the command will take an interest, or just try to ignore the whole mess.

[danelle0422]

The housing is military or owned by the military even though it is off base. The military housing dept. gave them the keys and have a set of the original keys until he changed the locks without them knowing. As for as her still living at the house. He will not leave since he is the one wanting the divorce. She does not want the divorce and wants to work the marriage out. She has no where else to go except back to Texas to her family and she is still enroll in school out their in California. As far as her seeking an attorney, how does the law apply to military people. Do they file in the state in which they are licensed drivers and voters or do they file in the state in which they live and were married (Calif). Also what does IMHO stand for.

Thank you for your replies. It is greatly appreciated.

[opus05]

First of all, he can't change the locks...it's MILITARY housing, they will change them. Second....she neds to go to housing and let them know about the situation. He is no longer allowed to live there if he is by himself.

[fozzy2]

IMHO = in my humble opinion

Divorce is governed by state laws, there is no uniform rule for divorcing service members. It all depends on what the rules are in the state in which they try to file. Basically, every state has its own rules/laws about who can/can't file for divorce there. As a military dependant, she can contact the legal services office for general advice (though they can't represent her).

It is possible that housing will give her access to the house, at least for a while. If he locked her out, then he is probably in violation of base housing regulations (i.e. living 'alone' in married quarters). In theory, at least, he can be ordered to move to the barracks. This is in addition to normal state laws about eviction, ect. Basically, she can contact the command and inform them that he is not giving her any support and locked her out. They can then leverage him into providing "reasonable support" until a divorce or other arrangement is put in place.

[dallas702]

She still deserves and will keep the benefits she has had.

He deserves to get his ass kicked....not just out of base housing, but from one end of the base to the other. His CO will straighten him out, and he will be responsible to support her. She can file locally if she wants to protect herself and get temp. spousal support.