Can my friend file prior to leaving for a new duty station with the Army or will he have to wait to file at his new location?

UPDATED: Apr 16, 2012

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Can my friend file prior to leaving for a new duty station with the Army or will he have to wait to file at his new location?

My friend got married to a girl in the last couple of weeks who had a child by another man. He has realized it was a mistake and would like to undo it. He is in the Army and will be transferring to another state and is due to leave in approximately two weeks. Will he be able to file before leaving or will he have to wait to file in the sta eto where he is moving to after meeting the residency requirements? Is this union possibly eligible for annullment? She will be staying behind for at least 3 months after he is gone.

Asked on April 16, 2012 under Family Law, Hawaii


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your friend can file for maritial dissolution now or later. It is entirely his choice when. As to where, it all depends upon if your friend wishes to deem the new state where he will be transferred to as his permanent state of residence.

If he wants to get matters concluded sooner rather than later with his marriage, I suggest that he consult with a family law attorney to get the dissolution filed and have the attorney represent him while he is in another state. The state of filing for the marital dissolution would be the state where he is residing currently.

As to possible annullment of the marriage, from what is written in your question, I cannot opine whether an annullment is a possibility or not.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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