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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7380
Experience:  Experienced Family Law Attorney
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I got married in May and I'm looking to get a

Customer Question

Hello I got married in May and I'm looking to get a dissolution/divorce/annulment but my husband and I are stationed in Germany in the military
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: What state we got married in?
JA: Have you talked to a lawyer yet?
Customer: No I haven't. I talked to jag but they couldn't help
JA: Anything else you think the lawyer should know?
Customer: We were married in Montana through a double proxy and I'm from Ohio and my husband is from North Carolina
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Family Law
Expert:  LegalGems replied 5 months ago.

Are both parties in agreement re: the divorce? And has domicile been established overseas?

Customer: replied 5 months ago.
we are both agreeing and no to the domicile
Expert:  LegalGems replied 5 months ago.

One would first need to establish domicile; this is determined by where the parties pay taxes, where they would qualify for in state tuition,and where they vote, for example. If both spouses are overseas, then they can file in the state where they last lived for the 6 months prior to deployment.

To file for divorce in Germany (assuming one becomes a legal resident), the couple must have lived apart for at least one full year to get an uncontested divorce. The court will have jurisdiction over all issues except for military pensions, as only a US court can divide that.

Here is some information while divorcing overseas:

http://www.americanbar.org/portals/public_resources/aba_home_front/information_center/family_law/marriage_and_divorce/annulment_separation_divorce/ending_the_marriage/divorce.html#q21

and

http://www.ansbach.army.mil/documents/DivorceOverseas.pdf

Also, a spouse can consent to jurisdiction, so for example, if one spouse files from their home state, the other can consent to that court's jurisdiction so that the divorce can proceed. One would need to work with an attorney to help facilitate the divorce process from overseas.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 5 months ago.

Checking in on the above.

I hope the information is useful and that you are your spouse are able to amicably handle all of this.

Thank you for using JA

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