desperately seeking help

[curtis1thomasjr]

What is the name of your state? MI
My wife is active duty living in TX. I'm going to school in MI. After we agreed that I would go to school while she supports me, she has backed out and wants a divorce. What can I do to stall the divorce at least until school is over 1yr from now?

 

[LdiJ]

What is the name of your state? MI
My wife is active duty living in TX. I'm going to school in MI. After we agreed that I would go to school while she supports me, she has backed out and wants a divorce. What can I do to stall the divorce at least until school is over 1yr from now?

You might be able to stall a few months, but you can't stall a whole year. Unless you have a long term marriage, and you supported her while she went to school, you are going to have to be prepared to stupport yourself. Look into student loans.

 

[curtis1thomasjr]

still seeking ans.

My wife and I have been married for seven years, we've been together for twelve years. Can I contest it and will I have to go to TX at all if I do?
The thing is we had a mutual agreement that I would be supported by her if I returned to school. I've already taking out student loans to support myself. We have an eight year old daughter and my wife wants to file an uncontested divorce. I want to know what my options are. Everything is in her name. If push comes to shove I want custody of our daughter because my wife is active duty and may plan to go overseas and I may not ever see my daughter again. I can't afford a lawyer but I don't want to not do anything? I'm a full-time student with no job. Can I still ask for full custody and child support? Please help!

 

[majomom1]

My wife and I have been married for 7yrs, we've been 2gether 4 12yrs. Can I contest it and will I have to go to TX at all if I do?
The thing is we had a mutual agreement that I would be supported by her if I returned to school. I've already taking out student loans to support myself, we have an 8yr old and my wife wants to file an uncontested divorce. I want to know what my options are. Everything is in her name. If push comes to shove I want custody of our daughter because my wife is active duty and may plan to go overseas and I may not ever see my daughter again. I can't afford a lawyer but I don't want to not do anything? Please help!

Please don't type shortcuts (such as 2gether) it makes it harder to pick out the other #'s. Have you been together for four and a half years? ... or for 1/2 of a year.

How old is your daugher, and where is she now?

 

[curtis1thomasjr]

still desperate for answers

My wife and I have been married for seven years, we've been together for twelve years. Can I contest it and will I have to go to TX at all if I do?
The thing is we had a mutual agreement that I would be supported by her if I returned to school. I've already taking out student loans to support myself. We have an eight year old daughter and my wife wants to file an uncontested divorce. I want to know what my options are. Everything is in her name. If push comes to shove I want custody of our daughter because my wife is active duty and may plan to go overseas and I may not ever see my daughter again. I can't afford a lawyer but I don't want to not do anything? I'm a full-time student with no job. Can I still ask for full custody and child support? Please help!

 

[LdiJ]

My wife and I have been married for seven years, we've been together for twelve years. Can I contest it and will I have to go to TX at all if I do?

Yes, if she is filing in TX you will have to go to TX for any court hearings.

The thing is we had a mutual agreement that I would be supported by her if I returned to school. I've already taking out student loans to support myself.

You may have to take out more. Why do you need support from her though if you have taken out student loans to support yourself?

We have an eight year old daughter and my wife wants to file an uncontested divorce.

It ususally makes things easier on everyone if its you can come to agreements and its uncontested.

I want to know what my options are. Everything is in her name.

Define "everything".

If push comes to shove I want custody of our daughter because my wife is active duty and may plan to go overseas and I may not ever see my daughter again.

Where is your daughter living now? With you in MI or with Mom in TX? If she is living with mom in TX your odds of custody primary custody will not be strong.

I can't afford a lawyer but I don't want to not do anything? I'm a full-time student with no job. Can I still ask for full custody and child support? Please help!

You won't get full custody. Almost no one gets full custody these days. Nearly everyone has joint legal custody (joint decision making) with a parenting schedule. Whether or not you have a shot at primary custody, honestly depends on where the child is living now. If you were to get primary custody, you would receive child support.

Its admirable that you are going to school, but the reality of things is that you are going to need to either take out bigger loans, or get yourself a part time job to make up the difference. Bartenders or servers can make pretty good money just working a few shifts a week.

 

[majomom1]

My wife and I have been married for seven years, we've been together for twelve years. Can I contest it and will I have to go to TX at all if I do?
The thing is we had a mutual agreement that I would be supported by her if I returned to school. I've already taking out student loans to support myself. We have an eight year old daughter and my wife wants to file an uncontested divorce. I want to know what my options are. Everything is in her name. If push comes to shove I want custody of our daughter because my wife is active duty and may plan to go overseas and I may not ever see my daughter again. I can't afford a lawyer but I don't want to not do anything? I'm a full-time student with no job. Can I still ask for full custody and child support? Please help!

Sorry... I missed the age of your daughter the first time through.

Yes, you can contest the divorce, but that won't guarantee it will be stalled for a year. Has your wife already filed? If she has, then you will have to go to Texas. If she hasn't filed yet, then YOU can file in MI... and force her to come there. Which may allow you some time.

How long have you been in school and did you support her before that? Your mutual agreement will not hold up in court for anything.

I found this on google...

http://family-law.lawyers.com/divorce/Military-Divorce.html

It looks like there is a lot of information there that can help you. As with all Internet sites, I would verify the information with an attorney and you will need one that knows military law. Some will do 'free' consultations, that should guide you in the appropriate steps you need to take next.

 

[LdiJ]

Sorry... I missed the age of your daughter the first time through.

Yes, you can contest the divorce, but that won't guarantee it will be stalled for a year. Has your wife already filed? If she has, then you will have to go to Texas. If she hasn't filed yet, then YOU can file in MI... and force her to come there. Which may allow you some time.
How long have you been in school and did you support her before that? Your mutual agreement will not hold up in court for anything.

I found this on google...

http://family-law.lawyers.com/divorce/Military-Divorce.html

It looks like there is a lot of information there that can help you. As with all Internet sites, I would verify the information with an attorney and you will need one that knows military law. Some will do 'free' consultations, that should guide you in the appropriate steps you need to take next.

The bolded part is workable advice if the child is living with him in MI. However if the child is living with mom in TX, then it may be way more complicated to file in MI, because MI won't have jurisdiction of child custody matters. The reverse would apply if the child is living in MI with dad.

 

[majomom1]

The bolded part is workable advice if the child is living with him in MI. However if the child is living with mom in TX, then it may be way more complicated to file in MI, because MI won't have jurisdiction of child custody matters. The reverse would apply if the child is living in MI with dad.

Thanks Ldi... I thought that might be a factor, but OP did not answer that question. I took a stab at googling on military law... Geez... just when you think divorce can't get any more complicated... It does!!

 

[curtis1thomasjr]

My daughter is living with my wife in TX. I only took out a small amount of money to cover tuition and books not living expenses. The kicker is that I'm living with my wife's sister and husband who are very understanding and lets me live her rent free.
My wife has not filed yet but is threatening to file sometime this upcoming week, would it be in my favor to beat her to the punch? I know that I'm not working but I want custody of our daughter. What are my chances?

 

[curtis1thomasjr]

I've just began school this year in the spring. Before that I have worked full-time as a dental assistant in TX. Living as a family with my wife and child. It wasn't until I began school in MI that my wife has since decided that she was unhappy and wants a divorce. I'm fine with the divorce, but shouldn't I at least be compensated for a twelve year relationship followed by seven years of marriage and pretty much given up everything to better our situation as a family and now she wants to back out.

 

[LdiJ]

My daughter is living with my wife in TX. I only took out a small amount of money to cover tuition and books not living expenses. The kicker is that I'm living with my wife's sister and husband who are very understanding and lets me live her rent free.
My wife has not filed yet but is threatening to file sometime this upcoming week, would it be in my favor to beat her to the punch? I know that I'm not working but I want custody of our daughter. What are my chances?

I can't see anything that would help you to file in MI first. MI won't have jurisdiction of any child custody matters because the child is living in TX with your wife...which also means that your odds of gaining primary custody are slim to none...sorry, but that's simply reality.

 

[curtis1thomasjr]

To add to my earlier response, the only reason why my eight year old daughter is residing in TX with my wife is because she attends school on an military installation, which has a top rated educational facility. And generally speaking, I thought that courts take into consideration the best interest of the child. With that being said why would they even consider giving my wife primary custody knowing that she could be given orders to Irag or overseas somewhere. Granted I'm not working right now. But I am trying to better myself by studying to become a Dental Hygienist. It's not like I'm a bum or anything.

 

[majomom1]

To add to my earlier response, the only reason why my eight year old daughter is residing in TX with my wife is because she attends school on an military installation, which has a top rated educational facility. And generally speaking, I thought that courts take into consideration the best interest of the child. With that being said why would they even consider giving my wife primary custody knowing that she could be given orders to Irag or overseas somewhere. Granted I'm not working right now. But I am trying to better myself by studying to become a Dental Hygienist. It's not like I'm a bum or anything.

It is in the best interest of your daughter to attend a top rated education facility, and you evidentally agreed because she is there with mom. Did you not have a plan for what you would do if mom got deployed?

If, or when, she is deployed then you can certainly insist that daughter comes to you while she is gone, but the 'possiblity' of mom being deployed won't be a factor for determining primary custody now.

I am curious... why did you have to go to MI to become a Dental Hygienist?

 

[Golfball]

I can't see anything that would help you to file in MI first. MI won't have jurisdiction of any child custody matters because the child is living in TX with your wife...which also means that your odds of gaining primary custody are slim to none...sorry, but that's simply reality.

MI may not have jurisdiction over property division or spousal support, as well. (The latter would depend on who the dependent spouse is.)