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?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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