My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard
I am sorry to hear of this matter for you. So you are stationed out of the country and he still is the primary caretaker for your children - correct?
When will you be available to be a primary caretaker for your children?
Hello Sam! Yes i am stationed in Seoul, South Korea. My husband and my two sons are here in Korea with me. He has threatened to up and walk out on us several times since we have been here which would leave me the primary care provider. The problem is I wont pay for a plane ticket from Korea to the US. I simply cannot afford it and i refuse to risk me and my children financially suffering.
And so you need to wait until you can return to the states to file for the divorce.
At that time, you file based on irreconcible differenences and you and the kids take up a residence without him and you also at that time file for Temporary full custody of the childrenYou are under no obligation to allow him in to your home with the kids or to allow him any visits with the children until the court orders such. So in the meantime, you get the temporary custody and then he can request vistiations. With Temp Custody that would lead to permanent custody - at the very least a shared/joint custody
I suggest there is nothing you can do, however, until you return back to the US.In the meantime, you can talk to your CO and someone in JAG and see if there are options available for you while in S Korea. They should be able to assist you at that level.I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.
Thank you Sam! One more question, when I leave Korea with my family I may wind up in another state than Colorado where my original duty station was. Can i file for divorce there?
Yes you can and there is a military resident exemption meaning that if you can prove that you have been out of the country you do not need to have an established residency of say 6 months before you can file. So yes, you can file in whatever state you return to.
I wish you the best of good luck with all of this.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).