I'm getting divorced and we were married in North Carolina by state law we need to be seperated for at least a year to file for divorce
I'm a resident of New york and was told that since I'm from Ny and in the Military I could File for divorce immediatly in NY.
I ask this because My wife is unemployed currently due to my investigation she had put in her 2 weeks leave believing we would have been PCS'd and she could have started looking for new work.
I drafted a seperation agreement and offered to cut the BAH in half for her which is 3036 half would be 1508. I'm offering to pay for professional Movers to move her back to North Carolina. Pay her deposit and secruity if needed on an apartment and continue to pay car insurance, and her cell bill and pay 100% of whatever if any medical bills arise that Tricare can't cover.
I know that Army regulation mandates that I support her but I'm not sure how to figure out how much I'd be mandated to give. I spoke with local JAG and they gave me a lover figure then 1508 so I'm thinking I'm doing a good thing especially since a comparable apartment in NC would only run 750. Plus I'm paying all her other bills I'd even be willing to chip in for utilities. so she'd have 750 a month to use for whatever she desires.
She's demanding 2330 not including the afformentioned bills be paid. She also wants the separation
agreement to read that I continue to support her until divorce is finalized and not until she can support herself whichever comes first. She states that i supported her while she worked so I should continue to do so until she's no longer my wife..
She also wantd to keep everything in the house except what she has deemed mine.
What legal rights do we both have in this situation?