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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33911
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have recently completed an active duty contract and been

Customer Question

Customer: I have recently completed an active duty contract and been honorably discharged. My wife is divorcing me but prior to me finding out about her affair she tricked me into signing a four year contract with the reserves in Florida and I was transitioning from Kansas. Now that my family is no longer moving with me to Florida, I do not want to serve the four year contract. I do not have to report till February, but I have no family in Florida and all my assets are tied up in the divorce. Additionally, I have an awesome job offer with a small business that I do not want to jeopardize with trying to fulfill the reserve obligation.
JA: Thanks. Can you give me any more details about your issue?
Customer: more than that
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Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I understand the background information. But not sure I understand your specific question Are you asking what will happen if you do not go to drill as required?

Customer: replied 1 year ago.
No. I want to retract the contract. I am under a lot of stress because of my situation. I am trying to deal with a heavily contested divorce, I have been geographically isolated from my children, i am emotionally devastated, and i just finished a 7+ year active contract and was tricked into the reserve contract by a wife that was trying to get rid of me without my knowledge.
Expert:  P. Simmons replied 1 year ago.

Thank you

You do not have that right. That is, there is no law that allows you to void the contract. Even if you were tricked by your spouse...that would not be a basis to void your current contract.

If the goal is to avoid service, consider filing a request with your battalion commander to release you based on this "hardship" you are experiencing. If the battalion commander supports your request, I would expect you can be discharged with little fuss.

If they disagree? THen your option is complete your contract, or stop attending drill. Just understand if you do not attend drill they could give you an OTH (other than honorable) discharge

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can void this contract, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please 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.

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