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Who Gets Kids In Military Divorce?
Last Post 10-31-2010 3:59 PM by Adam Jones. 5 Replies.
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Adam Jones
Adam Jones

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05-21-2010 10:48 PM

    Who Gets Kids In Military Divorce?

    Someone was searching this on the website.. If you know please provide them answers.

     "Dont underestimate the power & change Japanbases.com
    members can have."

    TheDech7
    TheDech7

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     10-16-2010 12:09 AM
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    10-18-2010 10:03 PM
    There really isn't such thing as a "military divorce."

    Divorces are civil matters, and handled by the local county and state where the divorce will take place. Yes, it's true that in uncontested divorces, base legal can assist with the process, but having children and property changes this significantly.

    The parent who is most suitable (and it varies by situation and circumstance) will "get" the kids, although ideally, there will be joint physical and legal custody, with one parent having the primary residence.

    Custody situations can and do change periodically and it's easy to do through the courts.

    It's best if parents can come to an agreement either alone or through mediation. It's never ideal for the courts to have to decide what's in the best intetest of the children and family, considering they only know the family on paper, and not intimately.

    Child support and custody are two totally different things too.

    Adam Jones
    Adam Jones

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    10-18-2010 10:37 PM
    Thanks for the info...

     "Dont underestimate the power & change Japanbases.com
    members can have."

    TheDech7
    TheDech7

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    10-19-2010 1:07 AM
    You don't have to be physically present in court, either.

    Courts will allow you to appear telephonically.

    I was AD when I separated from my ex-husband and we lived in different states. I never appeared in court for the divorce, and I haven't appeared in court for any custody issues.

    On a side note - if the sponsor is AD and the parent receiving child support is a civilian, I can not STRESS enough to have CS garnished through dfas and your local support office.

    Mike LNCM Ret.
    Mike LNCM Ret.

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    10-31-2010 3:22 PM
    I participated via telephone for my divorce case a few years ago while I was here in Japan. I had to make special arrangements with the Family Court Judge to pull this off, but it can be done. In fact, I represented myself, which is called a"pro se," defense, allowed in all the states. My ex-wife didn't show up for the hearing and waived her right to be present, so it was a pretty simple hearing for the judge. It was an uncontested case, no kids, just alimony. She got half of my retiree pay check. Ouch!
    "It's amazing how much you can get accomplished if you don't care who gets the credit." (seen on a deskplate on President Ronald Reagan's desk at the White House)

    Adam Jones
    Adam Jones

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    10-31-2010 3:59 PM
    Ouch, half the check. Is that because she was married to you for x amount of years that you served active duty?
    www.japanbases.com

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