If my son is deployed to Iraqand wants to file for a divorce, can he do this since he is out of the state?

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If my son is deployed to Iraqand wants to file for a divorce, can he do this since he is out of the state?

His wife brought their daughter to me and left her over 2 weeks ago. I have not heard from her; she hasn’t returned my calls or texts and has made no attempts to check on my granddaughter. Can iIfile for temporary custody?

Asked on March 19, 2011 under Family Law, Oregon

Answers:

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

Answered 11 years ago | Contributor

What a position for you to be in.  Let's take this step by step.  First, the issue of divorce.  Oregon - like all states - requires that you establish residency for a certain period of time in order to file for divorce.  The general rule in Oregon is that at least one party must be a legal resident of this state for six months prior to the time a petition for dissolution of marriage is filed. However, members of the armed forces - which applies here to your son - who maintain their legal residence in Oregon may file in Oregon despite being temporarily stationed elsewhere.  So yes, he should consult with an attorney as to the necessary grounds and documents that will need to be signed and how to go about doing so under state law.  Now, as for your Granddaughter, you can indeed petition the court for temporary custody.  I would seek help from an attorney right away (like yesterday) on the proper way to go about it.  The stress of war effects everyone and although your daughter in law seems to have done something horrible here I must say in her defense that she obviolusly loves her daughter enough to leave her with you, whom I am sure that she knows loves and will care for her, rather than another alternative that would not have been in her best interest.  Good luck to you all. 


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