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rayanswers, Military Law Answer Team
Category: Military Law
Satisfied Customers: 38275
Experience:  Military Law Expert
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Getting a un-contested divorce as court refused my

Customer Question

Getting a un-contested divorce as court refused my annulment , saud they grant that type of divorce . I am retired military , we married 9 years, so would she be able to get any type benefits ?
JA: Since laws vary from place to place, what state is this in?
Customer: Arizona, and she is in Texas.
JA: Have you talked to anyone in the chain of command about this?
Customer: No, have the papers made out ready to file and been told from friends she not able to get anything as I had the pension and benefits before we were married.
JA: Anything else you want the lawyer to know before I connect you?
Customer: She was in prison when we were married ] proxy ] , she out on parole now , been out 5 months and no word from her/
Submitted: 3 months ago.
Category: Military Law
Expert:  rayanswers replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  rayanswers replied 3 months ago.

Let me verify you are wanting to file for divorce here in Arizona where you are located?Is that correct?

Expert:  rayanswers replied 3 months ago.

Here are the correct forms.The potential problem is you have to try and serve her.If you cannot locate her then you have to serve her by publication.

Expert:  rayanswers replied 3 months ago.

See 13 here if you can find her and 14 if you need to publish

http://www.clerkofcourt.maricopa.gov/eformsondemand/112_service_gn2.pdf

And you are correct that the pension and benefits are [premarital separate property and she has no claim here.

I appreciate the chance to help you tonight.Thanks again.

Expert:  rayanswers replied 3 months ago.

Let me know if you have more followup here.

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