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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33103
Experience:  16 yrs. of experience including family law.
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My son is in the Marines stationed in VA since Mar 2015, prior

Customer Question

my son is in the Marines stationed in VA since Mar 2015, prior to that they (son, his wife and their son (Etfhan)..who was born in San Diego three years ago) were living in San Diego for 3+ years. Prior to that Oregon where they were married. My son keeps Oregon as his "home state" for tax purposes. They have bought cars in CA and she has a Job with a CA employer where she works from home on the computer in VA. I am assuming she/they filled in CA and OR for tax purposes. She wants a divorce and she has told the babysitter she is taking Ethan back to Oregon to "file". Can she file in Oregon? and can she just up and move Ethan to Oregon. Thank you very much for your advice.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.She can file in OR. Absolutely. The reason for this is the "service members civil relief act". This federal law permits service members and their spouses to keep their "home state" regardless of military orders. IF your son kept OR as his home state? Then that state has jurisdiction to issue a divorce. The same is true if she maintained OR as her home state. So long as one of them have OR as their residence state? OR has jurisdiction over the divorce. She can absolutely file in OR. And can move there if she likes.Now...your son will have rights. He can ask the court to award him custody of the child...and if they court agrees, they would order the child be sent to him. OR, he can request "visitation" and that would be worked out, though the court, ensuring he gets time with Ethan. But to answer the question, can she file in OR? Yes...and based on what you describe, that seems to be the appropriate place to filePlease let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.