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Divorce outside of the state you reside in

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K

Khale

Guest
What is the name of your state? I have resided in the state of Georgia for 2 1/2 years. My husband who is active duty military abandoned me and my minor son 3 years ago in New Orleans, LA. He initially tried to do a pro se divorce with unreasonable request which I refused. He was transferred to Texas 2 years ago but he then filed in the state of Alabama where he says their was no option for his retirement. The case was dismissed in Alabama for lack of jurusdiction. Later he filed in the state of Texas, initially his attorney filed for a hearing to be held 7/2002, but they had filed to late. October of this year my husband relocated back to New Orleans, LA. On yesterday I received a motion of mediation to be held in Texas 12/30/02. Two weeks is not enough notice for me to make arrangements for travel to TX. I have been through one ordeal after another since he abandoned me he moved the woman he was having an affair with to Texas with him. She gave birth to a son for him. He and this woman and their child has recently moved into base housing in New Orleans when I am the legal wife that he is receiving this benefit for. Military law entitles me to the BAQ and VHA that he is receiving in seperation he has refused this and sends 300.00 a month. I have sent a certified letter to his command with no response even advising of a fraudent wedding he and his girlfriend had prior to the birth og the child with no response. I feel now that the law is allowing him to continue to rake me over the coals. Is there anything that I can do to protect myself and my child? If I cannot come up with the funds to travel to Texas in the next 13 days will he then get a free divorce? I asked this of the clerk of courts this morning and she advised me she could not answer.
 


You NEED to deal with this petition.

Why on earth haven't you filed for divorce yet yourself???

Either let Texas deal with it, and show up to take care or you and your son's interests (Is your son also your husband's?) or fight the jurisdiction based on your son's place of residence being in another state. Look up the UCCJA, it will help.

His commander can not directly order him to pay the money you should be receiving, he can chew his butt up one side and down the other, but he can not issue a direct command for him to do so.

Bottom line, presuming your son is your husband's as well, you NEED something legal worked out. You've obviously tried everything else!

As far as the base housing goes, let it go. You could possibly get him in trouble for the woman living in it as well, but he and his son are enough to have a legal right to be there.
 

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