If my husband and I want a divorce but are currently stationed in Japan, what do we do?

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If my husband and I want a divorce but are currently stationed in Japan, what do we do?

My husband is in the Navy and we want a no fault divorce. We are legally residents of Texas.Can we file while being over hear in Texas since that is our legal residency.

Asked on October 25, 2010 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

Military divorces are unique and are subject to very different rules than "regular" divorces.  Military pensions are also divided differently that "regular " pensions.  You need to make sure that the attorney that you use understands these rules and how to divide this asset in particular.  It is my understanding that you would be permitted to file the action for divorce under Texas law.  Your residencyis still in Texas even though you are stationed in Japan.  Military personnel do not give up their residency while overseas.  I would contact a divorce attorney in Texas for help in filing, etc. Again, one that understands how a military pension accrues.  Good luck.


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