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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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I want to divorce my husband badly. He is mentally absuive

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I want to divorce my husband badly. He is mentally absuive as well as violent such as throwing a lamp at me when i was pregnant, it did nit hit me though. He has threatened to beat me and kill me, he has put his head through walls and doors during our arguements and he has even thrown a wood coffee table at me in front of my children who are two and one years old. He has bipolar im not sure how severe but i think ita pretty bad and he refuses to get treatment for it. I am an active duty soldier and i work all day. He is supposed to be a stay at hime dad but rather than caring for my sons he makes them watch tv all day while he plays guitar and/ or pleasures himself to his very unorthodox and in my opinion very unhealthy fetish. He has an extreme addiction to bbw also known as chubby chasers from what i understand. When i come home from work my home is trashed and my children are so over stimulated by boredom and tv they go crazy when they see me because i am the only one who gives them any real attention. I had to hire a maid just to keep my house clean because he wont do anything. And i dont want to spend all my free time cleaning, i want to be with my babies. He refuses to do anything to get a job so financial responsibility is all on me. I just cant do this anymore. It goes on and on but my question is, with all that being said, how do i get full custody of my children when i divorce him? I am very afraid to leave him because im terrified he will manilpulate his way into getting custody of my babies, he's very proud of this quality in himself. Anyways i need to know what to do, please i very much need help here. For my sons well being as well as my own. I was married and had our sons in colorado and i am currently stationed in seoul, south korea. Is there anyway i can have his name removed from my sons birth certificates?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

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?

Customer: replied 1 year ago.

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.

Expert:  Sam replied 1 year ago.

Hello

Thank you

I see

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 children

You 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.

Customer: replied 1 year ago.

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?

Expert:  Sam replied 1 year ago.

Hello

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.

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21996
Experience: 20 years of experience practicing law.
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