by Anonymous on July 8th, 2008

Anonymous

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My husband is active duty military. We reside in Ga. We've only been married for 16 months if he decides to file for the divorce here in Ga as I believe he will ..am I entiled to any alimony/spousal support?

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  • by starrrgazer on July 10th, 2008

    starrrgazer

    Military law is different than civilian law. It's a real specialty in law. You would absolutely need to check with your own attorney for the absolute answer on this. From what I know since my son is in the midst of a nasty divorce and on active duty military, you are entitled to a large percentage of his pay up until a court order says differently. If you have a child, he will have to pay 1/6th of his paycheck for the child regardless of what a civilian court determines child support to pay. With having only been married a short time, you will not be entitled to any alimony under any circumstances. If he's not currently supporting you, you should contact his command. They will make sure that he does so until legal documents say otherwise.
    As far as where the divorce is filed and goes to court, for you it depends upon what state you are a legal resident of. If you have been in GA for more than six months, that is your legal residence. For him, he is a legal resident of whatever state his driver's license is in, where ever he lived prior to being stationed there. However, he can still file for a divorce in either state. If he files in a state that is not your legal residence, you can ask the court to have it moved to your state of legal residence.

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