Ineed to now howI can get a divorce if I’m stationed in Afghanistan?

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Ineed to now howI can get a divorce if I’m stationed in Afghanistan?

My wife is cheating on me back home.

Asked on July 12, 2011 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation.  The key to filing for divorce is really residency of the party that is filing along with the proper service of the divorce papers on the non-filing spouse.  If you are a resident of Colorado - and I am assuming that you are by your reference to "back home" - then you can have an attorney file for divorce while you are in Afghanistan.  I would, though, think about the long run here.  You may have a problem if you have to appear for a hearing before you return. Will she contest the divorce?  That could be something to consider here. If everything can be agreed upon, you can file divorce without any hearing or court appearance and then the matter is done. But if she does contest the divorce it just may be easier to start your case once you have returned to the state. Good luck to you. 


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