Rights as a Military Spouse (Navy, tri-care, counselor, discharge)
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The ONLY time the military cares about infidelity is when they're using it to 'pile on' additional charges, or threatening someone into doing the right thing - but they don't really care. And despite being a military wife, your divorce will be a civilian matter - and civilian courts don't care about infidelity, unless you have a pre-nup stating that infidelity will have a bearing on who gets what in the case of divorce.
You are not just acting as a victim here, you are making things worse. If you have a plan, that involves helping yourself and your child and doesn't focus on punishing your spouse, take it to his ssgt or a chaplain and they will help you! If they are aware of what is happening, he WILL 'get his' - and instead of collecting BAH for an extra 6 months after he stops supporting you, it will end for him immediately. Stop focusing on HIM and work on helping yourself and things WILL GET BETTER.
But your marriage is over. The military won't make him remain married to you, or stop seeing his gf.
I've always heard that the dependent (spouse) is entitled to half of the BAH until the divorce is final? But then again heard won't get you so far. I'd suggest asking a JAG lawyer about that.
I've always heard that the dependent (spouse) is entitled to half of the BAH until the divorce is final? But then again heard won't get you so far. I'd suggest asking a JAG lawyer about that.
There are a lot of things that can happen, but there is no "half" of the BHA. A servicemember who fails to provide support to a family could be punished under Article 92, UCMJ for violation of a lawful general regulation, and DFAS may recoup any BAH received for dependents the servicemember was not actually supporting.
I doubt it matters who files first in the divorce. Suggest you go to legal department on base and speak to a lawyer. The law is what it is, fault doesn't necessarily matter.
Listen to me...DO NOT I repeat DO NOT go to JAG or legal on post. They cannot help you with this...they do not stay current on the Divorce laws and things of that nature on a daily basis. I had a lawyer tell me this to my face and know this from experience. Go to a civilian lawyer that knows military law. Make sure your proof is somewhere safe and that he cannot get to it. If you have to make copies!
Quote:
Originally Posted by Poncho_NM
There are a lot of things that can happen, but there is no "half" of the BHA. A servicemember who fails to provide support to a family could be punished under Article 92, UCMJ for violation of a lawful general regulation, and DFAS may recoup any BAH received for dependents the servicemember was not actually supporting.
I have a question my husbands in the army and so far he has put his hands on me, kicked me out, harassed, threatened, and now he has took all my money and closed my account. his commander hasnt done ****. im new to this army wife thing but I was told the military takes care of the wife and family. what to I do next time he pulls something... cant his commander give him an Article 15?
Last edited by vchristina; 03-01-2013 at 07:36 AM..
Reason: forgot something
I have a question my husbands in the army and so far he has put his hands on me, kicked me out, harassed, threatened, and now he has took all my money and closed my account. his commander hasnt done ****. im new to this army wife thing but I was told the military takes care of the wife and family. what to I do next time he pulls something... cant his commander give him an Article 15?
Contact the local law enforcement authorities right now...
I think you can get a very inexpensive divorce by using the legal resources on base. My former DIL had her and my son's divorce papers all ready for my son to sign when he got home from a deployment (Welcome home, Honey. Sign this) They each took a car, and she gave up their house, and there were no kids, so they had made all the decisions and just had a lawyer prepare the papers.
I've always heard that the dependent (spouse) is entitled to half of the BAH until the divorce is final? But then again heard won't get you so far. I'd suggest asking a JAG lawyer about that.
No, that's not true. In circumstances where the child is his, biological or adopted, she could file a petition with the courts. The fact is that all this talk of alimony and such just doesn't apply, they would of had to have been married for ten years for her to have a claim.
we live off post, and i know that its very important that i get a job and start working again I have been filling out applications, i gave up my car at the time because we needed food in the house etc. and he didnt have anymore money from paying bills, i first quit my job when he married me and i quit school because he moved me to another state while he's gone {I'm from GA} he moved me to VA and i just got back to GA in July. Believe me I am trying to help myself get back on my feet but it's harder and i do have a toddler with really no immediate family in Ga. Ive already got it in mind to start back with school, I realize that I need to focus solely on my daughter and making her life better in order for things to start getting better for both me and her. That's why I'm over here asking what else should i do once we do file for a divorce, someone told me that i shouldn't sign anything right away and that i should proceed with getting a civilian lawyer and talking with him/her. Ive got proof of him saying that he only married me for money and to move off post, pictures txt messages call history and all to also prove his infidelity, He knows everything I gave up just to be married to him, and that I dont have anything left or no where to stay and he now wants a divorce or annulment because he's been seeing someone else, all I'm saying is he wants to keep getting paid as if he still has dependents and not give me anything, and to help me get back on my feet I just want to know will i be able to get spousal support up untill then.
You stated in your first post that he provided you with housing and food, now you wrote you sold your car for food? Give me a break. I bet he made you move to his duty station. He owes you for that, am I right? You married him, that was a decision you made. With that choice you agreed to live with him, in another place than your home state. Come on now, do you want monetary compensation for you entering into a marriage contract?
If you have a toddler, and were married in 2011, then you didn't wait very long did you honey? Sounds like you made a bad decision and you have decided you want compensation for it. Get a divorce, go home, get a job and support yourself and your daughter. Leave the man alone.
I think you can get a very inexpensive divorce by using the legal resources on base. My former DIL had her and my son's divorce papers all ready for my son to sign when he got home from a deployment (Welcome home, Honey. Sign this) They each took a car, and she gave up their house, and there were no kids, so they had made all the decisions and just had a lawyer prepare the papers.
This post is from a while back ago. I mentioned twice in the past (in this post) because of her situation to NOT go on post/base. Laws change quite often concerning divorce and they are not equiped for it either. I've learned that if anything was to happen to my marraige NO ONE on post will know anything of what is going on because they have failed me severly in the past.
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