My friend is in the navy she got married in febuary because she was pregnant. She lives in Virginia since the end of January. He is stationed in Japan. They have one child who is 6 weeks old and lives with her. He does not support her or the baby and when he is here he does not help with the baby so she wants a divorce. My question is when can she file for divorce/Annulment and what will be the complications with him being stationed in Japan.
Country relating to Question: United States
State (if USA): Virginia
Thanks for the chance to help. I am an attorney with over 12 years military law experience.FIrst, if she contacts his commanding officer, the commander will enforce the Navy Regulation that requires he provide support for her and her child.As for divorce, if he agrees to the terms of the divorce, then it is easy. She can go to the base in Virginia and they can actually help her with the process.IF he will not agree? Then good luck. Seriously....while is is abroad it will be difficult to prosecute a divorce case. Difficult and expensive. That is why I would start with a complaint to his commander...once he is ordered to pay support, I bet he becomes willing to work out terms for a divorce
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
Yeah we sure do hate when our CO's get involved in our personal lives.
Thank youIt is not only the CO involved...it is the money. The Navy rules for support are typically more than the court will order...it will be cheaper for the husband to cooperate than to fight this.
Very nice. On a different topic I am currently staying with her because I am PCSing she was talking about once I get off leave and check onto the ship and my BAH starts moving to a 3 bedroom apartment and living as roommates both paying half the rent and utilities with our separate BAH. Because I would be a male PO2 living with a female PO3 could that get her or myself into trouble?
Great question.No sex I assume? Financial reasons only?I do not see an issueBut if the relation became intimate?? THen you have potential for Adultery charge...and you do not need that now...
Yeah no sexual relations. Just cheaper for both of us. I wasn't worried about an adultery charge I am worried about a Cohabitation charge.
Cohabitation not an issue if there is no sex and you are both petty officers (so long as you are not in the same chain of command and one is not a supervisor of the other)So long as it is not an intimate relationship I see no issue
Yes both petty officers, not even on the same base, and no intimate relations. Thank you very much.
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