I am stationed overseas as a US Diplomat. I am married. How can I get a a divorce or separation overseas?

I am stationed overseas as a US Diplomat. I am married. How can I get a a divorce or separation overseas?

My offocial US residence is Tennessee. I have 3 children 7, 5 and 2 years old. Mom and Dad's problems are starting to affect them.

Asked by losgringos 53 months ago Similar questions: stationed overseas Diplomat married divorce separation Family.

Similar questions: stationed overseas Diplomat married divorce separation.

You can usually apply to the courts where you're domiciled While there is no simple answer for overseas jurisdictions as to when and whether one can get a divorce there, the American answer, and the one that will be applied in U.S. courts, is pretty simple. If one of the parties is domiciled in the jurisdiction that grants the divorce, then the court has the power to adjudicate the marital dissolution. If no one is domiciled there, then it's "asking for trouble."

The interesting thing, though, is that if you live at the embassy, you're technically in U.S. territory and it's very difficult to determine what the laws would be. Most likely you would have to file for divorce in a Tennessee court and have your lawyers conduct the entire process at a distance. Except, of course, that if your wife is not a diplomat, she would likely return to the U.S. and would be able to conduct her part of the proceedings in person.In any case, you really need to talk to an attorney to get you started, either a local one or most likely a divorce attorney from Tennessee.

Good luck! Sources: ncbar.com/lamp/s_oseasdiv.asp .

Military Divorce Find a Lawyer lawyers.com/find_a_lawyer/quick_search/i... Email this article Print this page Military service creates unique issues when it comes to divorce because certain rules apply in military divorces that are different from civilian divorces. Among the differences are: Compliance with military rules and regulations Obtaining service upon an active duty spouse Domicile or residence requirements for filing Division of the military pension Governing LawsMilitary divorces are governed by a combination of federal and state law. Military pension and certain emergency child support orders are dictated by federal law.

State laws dictate the handling of all other matters pertaining to a military divorce. Protection from Divorce ProceedingsMilitary personnel have some legal protection from divorce proceedings that are not granted to the public at large. Under the Servicemembers Civil Relief Act (SCRA) military men and women are protected from lawsuits including divorce proceedings to enable them?

To devote their entire energy to the defense needs of the Nation.? A court may delay legal proceeding for the time that the service member is on active duty and for 60 days following active duty. Process ServiceA state court will not be able to hear a case unless it has authority. The authority of a court to hear a case is called jurisdiction.

Therefore, if the spouse of a military member is the one seeking a divorce, the active duty spouse must be personally served with a summons and petition for divorce in order for a state court to have jurisdiction over the military member. If the active duty spouse is overseas or deployed, you may request that military authority serve your spouse, but your spouse must consent to service. If your spouse will not consent, you may request the court to appoint an officer of the court to serve the papers unless your spouse is serving on a ship or at a shore installation.

Residency and Filing Requirements Many states allow a military member or spouse to file for a divorce in the state where the military person is stationed, even if neither the military member nor the spouse is a resident of that state. These states will often reduce or eliminate the residency requirement for military divorces. A military member or spouse has a choice of the following three states in which to file for a divorce: State where the spouse resides State where the military member is stationed State where the military member claims legal residency (place where military member plans to live after discharge or retirement)Although either spouse may file for divorce in any of the three locations listed above, the allowable grounds for divorce and property distribution are governed by the laws of the state where the divorce action is filed.

Grounds for DivorceSome states are? No fault? States while others have?

For cause? Grounds for divorce and some even have a combination of the two. A?

No fault? Ground for divorce means that the only basis for divorce is that the marriage is irretrievably broken. Some traditional bases of divorce include adultery, abandonment, habitual drunkenness and mental cruelty.

Dividing the PropertySome states are equitable property states while others are community property states. In equitable property states, each spouse receives a distribution of? Marital property,?

Which is property acquired during a marriage other than separate property, that is considered fair and equitable, but not necessarily equal. In community property states, each spouse is entitled to one-half of all marital property.?Separate property,? Which is property that was owned by a spouse when they entered into the marriage as well as property a spouse receives during a marriage through inheritance or gift, is retained by the owner in both equitable and community property states.

While each state may have different laws regarding how family law cases are to be handled and property divided, the federal government has enacted the Uniformed Services Former Spouses? Protection Act (USFSPA) that governs the calculation and division of military pension benefits. The USFSPA authorizes direct payment of a portion of a military retirees pay to the former spouse and extends some base privileges to certain former spouses.

USFSPA allows state courts to treat disposable retired pay either as property solely of the military member or as property of the member and his spouse in accordance with the laws of the state court. The USFSPA does not contain a formula for calculating the appropriate division of retired pay. Although up to 50% of a military member?

S retired pay may be awarded, it is the state laws that will determine the exact division of the retired pay. Former Spouse? S Military Benefits Under USFSPA, former spouses are eligible for full medical, commissary, and exchange privileges where all of the following conditions apply: The spouses were married for at least 20 years The military member performed at least 20 years of service creditable for retired pay There was at least a 20 year overlap of the marriage and the military serviceIf the spouse remarries, eligibility for benefits is terminated.

The benefits are revived if the subsequent marriage is terminated. AlimonyAlimony, or spousal maintenance, is the periodic payment of money from one spouse to the other. A court may award alimony in order to give the receiving spouse an opportunity to look for a job, update work skills, stay home with small children or attend school.

Alimony is not automatic? It depends on numerous factors, such as the financial condition of the spouses, their earning capacity and circumstances of the marriage. Most alimony is ordered for a specific length of time.

It is common for alimony to end upon the remarriage of the receiving spouse or the death of either spouse. Child Custody and VisitationCourts usually make custody decisions based solely upon what is in the best interest of a child or the best interests of children. To make this determination, courts consider many factors including: The child?

S preference if the child is mature enough to make such a decision The ability of each parent to provide for the child? S physical, intellectual and emotional well-being Which parent is more likely to foster frequent and continuing contact between the child and the non-custodial parent Abusive or criminal conduct by either partyThe court may award either sole or shared custody. Generally, in a shared custody arrangement, one parent has primary physical possession and the non-custodial parent has the standard visitation of basically every other weekend, alternating holidays and an extended period in the summer.

Child SupportAll military members have a duty to provide support for their children, as well as their spouses, so their wages may be garnished in order to ensure the payment of proper support. Child support may not exceed 60% of a military member? S pay and allowances.

Modifying Court OrdersIn order to change your divorce decree or support order, you must ask a court to make the modification. Any agreements that you make with your former spouse without the court? S approval could be ignored by the court in a later modification hearing.

The person seeking the modification generally needs to show that there has been a substantial change of circumstances. If you are contemplating a divorce, you will probably want to consult with a qualified attorney, one who if knowledgeable about military law, regulations and concerns that are specific to military members and dependents, so that you receive the proper advice. An attorney experienced in military divorce law can help you save time, money and trouble.

Related Resources:Servicemembers Civil Relief ActUniformed Services Former Spouses? Protection Act Sources: http://family-law.lawyers.com/divorce/Military-Divorce.html .

Here is a State Department Resource on the issue of Overseas Divorce travel.state.gov/family/family_issues/di... above site is a good resource that outlines some of the issues involved. Other options are listed here-Where to Go for a Quickie Overseas DivorceBon Voyage, Darling! By Leanne PhillipsBefore you were married, you spent two years and thousands of dollars planning the picture perfect wedding ceremony.

But now that the magic has faded, you want out . . .

Now! For anyone willing to spend a few bucks and perhaps make a quick trip to a foreign land, a quickie overseas divorce might be the perfect solution. If you are willing to travel outside the United States, a divorce in the Dominican Republic might be just the ticket for you.

Laws in the Dominican Republic waive requirements such as residency and waiting periods for foreign visitors who are in agreement and seek a mutual divorce. However, at least one party must attend the hearing on the divorce in Santo Domingo. The party who is not attending the hearing must sign a special power of attorney form.

The good news is that the Dominican Republic is located near the U.S. Virgin Islands, a short flight from Miami, Florida. There are no residency requirements and your divorce will be final within as little as 24 hours. However, an important drawback to note is that not all states recognize a divorce granted in the Dominican Republic.In fact, New York is one of the few states to recognize Dominican divorces as valid.

Most states, including California, consider such divorces invalid unless the parties first establish residency in the Dominican Republic. Additionally, the United States Supreme Court has ruled that all unilateral foreign divorces, where only one party signs the paperwork, are invalid. If you do not want to leave American soil and also want the best chance of having your marriage recognized in the United States, Guam may be a better choice.

If you and your soon-to-be-ex-spouse are in agreement, you can both sign a simple "consent to jurisdiction" form and obtain a quick and easy Guam divorce without ever leaving the United States. Your divorce will be handled by a Guam attorney in cooperation with a United States-based legal service specializing in overseas divorces. Generally, a hearing date will be scheduled for approximately four to five weeks after filing.

Neither party is required to attend the hearing, and the divorce will normally be granted at the time of the hearing. For an additional fee, you may be able to get your divorce in as little as a few days.An added bonus is that, as Guam is a territory of the United States and falls under United States jurisdiction, the divorce will be recognized as valid in any of the fifty states. And, if appropriate, a decree can be granted as to marital status only, allowing the parties to iron out property and other issues later, even in another court.

Here's the tricky part: Guam actually does have a 90-day residency requirement. However, under Guam law, where both parties are in agreement regarding the divorce and consent to jurisdiction, Guam is presumed to have jurisdiction over the parties. Additionally, Guam law does not require residency to be pleaded or proved, and the court is not required to make any findings regarding residency.

Finally, where the parties have consented to the divorce, only the parties themselves can raise the issue of jurisdiction. This series of loopholes operates to allow a significant number of Americans to obtain Guam divorces each year without ever leaving the country. There are some countries you should definitely avoid if you want a quick and easy divorce.

For example, Mexico used to be the go-to country for the quickie divorce, granting divorces in as little as three hours, and in some cases even granting mail-order divorces. Between 1940 and 1960, when some states had residency requirements as long as three years, approximately 500,000 United States couples obtained quickie Mexican divorces. However, many United States courts found these divorces to be invalid, particularly where the divorce was unilateral.

Tired of its reputation as the place to come for a quick divorce, and bowing to political and religious pressure, Mexico enacted prohibitive and complex residency requirements in the early 1970s, making Mexico a poor option for those seeking a quick dissolution of their marital ties. Similarly, Haitian divorces in the Caribbean used to be quite popular, as well as quick and easy to obtain. However, unilateral Haitian divorces are considered invalid as a result of the Supreme Court's ruling.

As with Dominican divorces, even bilateral Haitian divorces are considered invalid in many states. Additionally, a Haitian divorce requires one party to appear in court, and it is now considered too dangerous to travel to Haiti due to civil unrest. For those seeking an overseas divorce, the most important consideration is whether the divorce will be recognized as valid stateside.

Realize that, as long as both parties are in agreement and the divorce is mutual, the likelihood of the validity of the divorce ever being challenged is almost non-existent. And keep in mind that such challenges can happen with any divorce. For example, California courts have dealt with the issue of one spouse challenging the validity of a divorce granted to the other spouse in Nevada.

In that case, the complaining spouse attempted to prove that the divorcing party did not establish residency with the intent to remain in the state of Nevada permanently. Interestingly, the California court considered the divorce invalid, while the Nevada court upheld its validity. The bottom line is, for anyone venturing outside the United States to obtain a quick, overseas divorce, there are special risks involved.

Before doing so, investigate your options thoroughly to make sure that you meet all residency and other requirements. This option should be considered only if both parties are in agreement and the divorce will be bilateral or mutual. Finally, make sure that a divorce granted by a court in the jurisdiction of your choice will be recognized by the United States, as well as the particular state in which you reside.2007 © Associated Content, All rights reservedHere are some Tennessee specific resources-http://www.divorcesupport.com/divorce/Tennessee-Divorce-Laws-740.htmlhttp://research.lawyers.com/Tennessee/Divorce-in-Tennessee.htmlhttp://www.tba.org/lawbytes/T8.htmlhttp://michie.lexisnexis.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=(check Title 36, Ch.

4)You should probably contact a Tennessee attorney before proceeding much further. Good luck to you and your family. I hope things go well for all of you.

Sources: http://travel.state.gov/family/family_issues/divorce/divorce_592.html .

1 You ought to have plenty of lawyers, unless you are in a really small embassy. Ask them.

You ought to have plenty of lawyers, unless you are in a really small embassy. Ask them.

2 EddieNygma, regarding your answer "You can usually apply to the courts where you're domiciled":Thanks my friend. Now if I could only get lawyers in Tennessee to repond to me. I have called/emailed many but no response.It seems they don't want to touch my case.

- Kevin .

EddieNygma, regarding your answer "You can usually apply to the courts where you're domiciled":Thanks my friend. Now if I could only get lawyers in Tennessee to repond to me. I have called/emailed many but no response.It seems they don't want to touch my case.

- Kevin.

See details. " "I adopted an army medical team stationed overseas. What things ship well?

What do I need to avoid? " "In California what is the difference between legal separation and divorce?" "If you are stationed overseas, is there a way to get manufacturer grocery coupons mailed directly to me?

I adopted an army medical team stationed overseas. What things ship well? What do I need to avoid?

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.