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I need assistance with understanding how to file for my

Hello, I need assistance...

Hello, I need assistance with understanding how to file for my divorce. I am active duty military and currently stationed in Texas for a training command and unable to leave. However, I need to file through Florida since that's where my primary residence is, I do still have family in Florida. Also, my husband is also Active duty military, and is currently stationed in Nevada. I have the forms that I was told to print out and fill out I'm just not sure what to do from here. Any assistance would be greatly appreciated. Thank you for your time

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

FLorida

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

Yes I have discussed my issues with my chain of command and the Legal office that we have on base the only answer I was given is that since i'm in texas they cannot help me.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that should be everything

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Answered in 5 minutes by:
3/20/2018
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,624
Experience: Lawyer and current JAG officer.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

As you are in the military, you technically can file in a few places. You can certainly file in the state where you were married. You can also file where you have residence, where he has residence or even where you are currently stationed if you have been there long enough to meet their requirement for locality. The issue with all of these is getting service of process on your husband. If he is not willing to accept jurisdiction in Florida, Texas or the state where you were married (you didn't say), then getting service of process on him can be very difficult. However, getting service on him, in the state he is presently located, is very easy.

Regrettably, the military doesn't have jurisdiction to do divorces, so you will have to discuss this with your husband to see if he'll accept service from Florida, Texas or where ever you were married...and if not, you should then look to hire a divorce attorney in Nevada.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 4 months ago
thank you for your help, I have talked to my husband and he says hes willing to work with Florida and has no issues with signing any paperwork. We where married in Pennsylvania however, neither of us will be able to travel there.A few other questions that I have are;1.) Is there a way I could file the paperwork without needing to go to court? ( we have no property, no combined debt, and no children. we have only been married for a few months and I never even finalized my name change through social security)2.) with the papers I currently have do I have to have a court review them prior to signing them myself? Or do I sign them then have a court review them and send them to my husband? or do both of us sign then send them to a court?3.) How do I know which forms are needed and which ones are not? ( the forms that I currently have I got through turbo court, and I also have printed off forms from flcourts.org )thank you again for your help.

1. Paperwork can be filed without you having to be there, but at some point the court will want the actual parties there. The court can limit that face to face time to a single hearing.

2. You both have to sign and send them to a court. You don't need the court to review before hand.

3. Unfortunately, this is really why people should hire an attorney for these things. It's impossible for you to really KNOW or for me to know what you'd need without your being my client and seeing everything about your situation. Now, that being said, you can absolutely just print off what you think you need and file. If it is wrong, the clerk of the court will send it back and 9/10 times they'll say "X is missing...please supply X." I'm on a plane and we're about to land, so I'll be signed off for about 30 minutes, but I will be back.

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Customer reply replied 4 months ago
thank you very much this has been very helpful, so if i'm understanding everything correct I just fill out all the paperwork I have get both of our signatures notarized and then send the papers in, once all of this is completed we will both get a court date and finalize everything?just a few last couple of questions about the court appearance, is there a chance that a court will allow us to do a phone call for the court appearance or appear in a court in our respective states?
it's difficult for either of us to travel, and nearly impossible for me to leave since i'm in a training status.
On the issue of the phone call, that is really up to the individual judge. Some judges are willing to accept new technologies and work with video conferencing rather than have you show up in person. Other judges are not and there's nothing in the law that forces them to. So this is a discretionary function of each judge.But yes, right now you just need to get the documents signed, notarized and turned into the court so that the process can be started.
Allen M., Esq.
Category: Military Law
Satisfied Customers: 20,624
Experience: Lawyer and current JAG officer.
Verified
Allen M., Esq. and 87 other Military Law Specialists are ready to help you
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Customer reply replied 4 months ago
thank you very much for your assistance.
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