Divorce/Separation while in ARMY active duty?

This forum is not the best resource for specific legal answers regarding the details of your case. However, in short, a) a soldier can get a no-fault divorce, b) the military courts will not hear a divorce, Virginia's civilian court will, c) I am unclear what you are asking here and you need to consult with an attorney to look at all the factors taken into account by a Court in a divorce case, d) If there is a property settlement/separation agreement and no kids then there can be a six month separation prior to divorce, otherwise one year is required. You need to consult an attorney right away to fully protect your interests, preferably an attorney experienced in divorce. There are many factors that must be considered in drafting a separation agreement.

A) Yes, you are entitled to file for a divorce on the same grounds as a civilian, including "no fault" grounds B) Military courts do not have jurisdiction over divorces; that is a civil case that rests with the civilian courts C) There is no benefit or hindrance to your divorce if you file before or after Basic Training D) You are eligible to file for divorce after 6 months separation, provided you and your wife enter into a written separation agreement. If she will not do so, you will have to wait the full year. If you are wanting to divorce before shipping off, I would advise that you see an attorney immediately. The process for an uncontested divorce can go very quickly, particularly in the Norfolk Circuit Court. If you and your wife are in agreement with everything, and you have been separated for at least 6 months, the divorce may be finalized in a matter of a few weeks. Good luck. Attorneys on donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions. Anneshia Miller Grant Garrett Law Group, PLC http://vabeachdivorceattorney.net [email protected] (757) 422-0195 - 24 Hour Service

I agree with my colleagues that you need to consult with a divorce attorney in your area as soon as possible in order to protect your rights and possibly to be able to expedite your divorce process.