Mothering Forum banner

military divorce??? advice

1035 Views 15 Replies 13 Participants Last post by  Just1More
I have been married to my military husband for more than 2 years. I have a child (5 yrs old now) from a past relationship. Now, it seems that me and my husband have grown apart. We have no children. We don't see each other much although sometimes he calls but we just argue especially if he is at home. I know he loves my son because he shows it to him. He cares and very protective of him. But our relationship is falling. I know I cannot divorce him just now because from what I've read from this military divorce information site. Servicemen can waive and refuse divorce papers while they are on duty overseas. What should I do? And what will happen to me and my son? Will I get spousal support from him? I cannot support my son alone since I've been a stay at home mom and have not worked since I got married.

Aside from this, how can I tell my son that I'm divorcing his dad? And how to tell him that the dad he knew is not his birth dad?
1 - 16 of 16 Posts
He can refuse it while he is overseas - it's for a reason, so guys are not divorced while they are busy somewhere they can't make choices and play a part.

That being said - move out. Get settled wherever it is you want to be. Put $ away for yourself. Get all the papers set up for the day he returns from deployment and have him served the papers then.

It is time to get used to working on your own, I doubt spousal support will do everything. Get back in school and get the "rates" of a military spouse if you need to go back to college.

You might want to ask this in Single Parents - you'll get much more advice there.
Certain lawyers know more about military divorce proceedings than others. Do you live near a military installation? If you do, it's likely that there are attorneys nearby who know a bit about military divorces. The military legal system will not assist you with a divorce, but they can provide you with a list of reputable civilian attorneys.

Spousal support will depend upon your husband's income and the judge's discretion. To be honest, I doubt that any judge would award you spousal support after being married for only two years.

The law says that military members CAN refuse to accept divorce papers. It doesn't say that they WILL or that they HAVE TO. Depending on where he is, you can have him served see what happens. Although I don't see what the rush is, really. You don't have to fight with him if he's not home. Waiting until he comes back seems like the best course of action, from what you've described.

I can't be of any help on how to handle your son, because I don't know his personality or the dynamic between him and your husband.
See less See more
If your a military spouse the very first thing you should do if you live by an installation is go to your JAG office. They will tell you exactly what you are entitled to. You will probably be entitled to a percentage of his BAH. It's usually like 60-70%. Unless your DH adopted your son though you will not receive any medical benefits or things for him that you would if he was his biological son.
You may not be able to divorce now but I would spend this time getting myself settled into a new place and finding a steady income.
Soldiers and Salors act hender divorces for very good reasons. I know you want out. Have you talk to him about your desires? Does he feel the same way?

I would start by saving money. If he is overseas and you are in base housing use it to your advantage. Get a job or go to school. Squirel away as much money as you can. You can live pretty cheap on base. You also most likely qualify for social services like food stamps and the such. Use them and save your money.

Use medical benifits and get counciling to help you and your son sort things out. Maybe both you and your spouce could benifit and try to fix things. Being a military wife can be lonely and hard when you are shifting from single parenting to co-parenting. Being by yourself and being a wife.

Don't do stupid things on base---like break base rules. I got a few war stories about women doing this. I am 3 generation military brat.

Don't date any military member. This can get him in trouble.

Even though you don't get along with step-dad if step-dad is in love with your son and a good dad you can continue visitation for him.
See less See more
I have to disagree on the Social services part. If your still married and you do live on base with him being overseas the only way you will qualify is if he is pretty low in rank.
Thinking better on it Marsupailmom has a point about saving the money. Stay where you are if you are on base and just save as much as you can, while still leaving him something hopefully or he can fight you on it. I would do something like 60/40. Look for places but try not to move out yet. Being overseas is hard and you packing up and just leaving while he is gone will make things worse when he gets back. Just try to save money and look for a job now. You need to go find out your options now though.
Quote:

Originally Posted by jeca View Post
If your a military spouse the very first thing you should do if you live by an installation is go to your JAG office. They will tell you exactly what you are entitled to. You will probably be entitled to a percentage of his BAH. It's usually like 60-70%. Unless your DH adopted your son though you will not receive any medical benefits or things for him that you would if he was his biological son.
I am under the impression that BAH will just stop once a divorce is final. My ex-husband still gets BAH, but that's because he has dependent children. Even so, he gets partial rather than full BAH. We were married for eleven years and my attorney told me that any spousal support that I could have gotten would have been limited; maybe a year or two. I ended up not asking for it, anyway.
See less See more
Hi! Just a quick note to let everyone know I'm moving this thread to Parenting, as it's a better fit there. Feel free to PM me or an administrator with any questions. Sorry for any inconvenience, and thanks for understanding.
See less See more
My suggestion is NOT to stash money away just for yourself. If that comes out in court it would NOT be looked nicely upon. Just save as much as you can, and odds are in court the assets will be divided.

As for spousal support, after only 2 years of marriage and no children together, I highly doubt you'll get any.

There have been some great suggestions. Go back to school (you'll get in state tuition as a military spouse) and get a start towards your degree. If you or your son have any health issues, make sure to get those taken care of soon, as you'll lose your medical insurance once you're divorced.

Oh, as far as the BAH goes, for the couples I've known that have gotten divorced after only a few years in the military, generally a portion of the BAH goes to the wife until the divorce is final, and unless they have a child together after the divorce is final the military member gets partial BAH (depending on rank) for themselves, but in most cases the ex doesn't get BAH.

Anyway, this isn't from personal experience, but from what I've seen of my friend's divorces.
See less See more
My advice; 1) get a job and save all the money from said job in your own savings account (this way you are saving money, but not taking any money from your H) 2) I'd go to counseling and try to work it out with your H... if he's a great dad and your son is very attached and vice versa it is worth the work of at least trying to make it work. If it doesn't you have money and a job to start out your new life. If it does wooo you have some extra money, go on vacation.

For now I'd say nothing to your son.
I think you should discuss this with your husband, unless he is prone to violence- in shich case, say nothing. Counseling is a good idea if you two cannot resolve your issues on your own.

Get a job now, wether you stay together or seperate. Its good to have a source of income that is your own.

and no, you won't get child support.
I believe you have to be married for AT LEAST 3 years to qualify for any spousal support from a military member.... *I think* - I know there is a timeframe (this is to prevent a 'rash' marriage that gets nullified or whatever within a few months and the woman or man trying to get gov. kickbacks)

Why not try counseling when he gets home? I don't know what branch you guys are in, but we are Navy and the FFSC has MANY counseling classes that you could sign up for. Same with the chaplain.

If you are really set on the fact that you want out then like a pp said, a visit to the JAG is in order. You can call them and set up an appointment to come in and discuss it - they will let you know the steps you need to take.
Quote:
I cannot support my son alone since I've been a stay at home mom and have not worked since I got married.
Then maybe you should stay married. I'm assuming that your husband isn't abusive or cheating on you, since you didn't mention it in your post. You said that he's a good dad and loves your son. Why not go to counseling when your husband gets back and work on your marriage?
Quote:

Originally Posted by jesssm View Post
I have been married to my military husband for more than 2 years. I have a child (5 yrs old now) from a past relationship. Now, it seems that me and my husband have grown apart. We have no children. We don't see each other much although sometimes he calls but we just argue especially if he is at home. I know he loves my son because he shows it to him. He cares and very protective of him. But our relationship is falling. I know I cannot divorce him just now because from what I've read from this military divorce information site. Servicemen can waive and refuse divorce papers while they are on duty overseas. What should I do? And what will happen to me and my son? Will I get spousal support from him? I cannot support my son alone since I've been a stay at home mom and have not worked since I got married.

Aside from this, how can I tell my son that I'm divorcing his dad? And how to tell him that the dad he knew is not his birth dad?
If your DH is currently deployed, it is very common to go through fighting during the deployment. Trust me. I am going through this right now, though we have hit the better patch of the deployment. Things are very stressful on everyone.

I would really talk to your DH about everything you are feeling and get into some counseling during this period. Then, when he comes home go into marriage counseling. If after all of that things don't work, get a divorce.

I really hate to see spouses get divorced because of deployments. Unfortunately its very common.
See less See more
I wanted to also say that deployments are HARD! Is this your first one? The fighting, the distance, the "I have no idea who he is" feeling...those are all VERY common. I love my husband very much, but after his last deployment, I had no idea who he was. When I picked him up when he got home, I had ZERO emotion. I didn't want to go get him. I didn't care he was home. It was almost a year before things leveled out again, for him and for me. You are living separate lives, and can't even truly talk about things because he doesn't have time to listen to you, and he can't really be open with you about what he's doing. Also, he's probably used to living in an all male environment...which means he's used to very little emotions, and a very organized way of doing things. It's going to be hard for him to relate to you or talk nicely to you right now. His life is tough.

I don't know where your husband is, but my husband's first deployment, he slept on a door that he found somewhere and wedged in a bedframe that he found somewhere else. It didn't really fit quite right, so it was sort of elevated and crooked. He spent 16 hours of every day wearing 100+ pounds of gear in over 100 degree weather on patrol, out in the open. The other 8 hours he was planning missions and trying to sleep a little. He ate MREs or stuff from care packages...most days he didn't get hot chow at all, and they days he did it was only once a day. Once a week or every two weeks, he'd call me and could talk for a few minutes. But that was it. Your husband is NOT going to be himself...and he's going to be hard to talk to. You are going to feel like you don't know who he is, and is going to be short-tempered and sound like a jerk. I'm not trying to make you feel bad...I'm just offering a bit of perspective. It's not just deployments, either...the workups can be SO terribly stressful, that you are almost glad to see them finally go. This is a hard life. Please think carefully before you give up your marriage...

Yes, it's SO SO hard. You both have different support groups, and it's no longer each other. That can be fixed and overcome. I highly recommend talking to the chaplain or getting some other form of couseling. This is so common...it doesn't have to be the end of your marriage. Everyone goes through a cycle of emotions before, during, and after a deployment. Your feelings can be extreme and difficult to handle, but you are probably within the realms of "normal". One of those cycles is "withdrawl." This is where you pull back to protect yourself from the fear of him being gone, etc. Your relationship can really suffer at this point, especially if he is in the same stage of the cycles. Following that, you began to feel like you have it under control and can function again. If you are still holding on to that withdrawl, then you start feeling like you don't need him, know him, or like him. Who is he anyway? Those feelings are also just part of the cycle. They'll pass, and move on to excitement that he's coming home (or in my case...I was finally there about a year after he got back...it was a really rough one for us.), etc.

militaryonesource.com is absolutely free to military members and their spouses. All the phone operators have college degrees and are specifically trained to handle all SORTS of situations. I was a volunteer with my husband's battalion last deployment, and believe me, I've heard a lot of crazy stuff... Anyway, you are entitled to at least 8 (I think) free counseling sessions. Nothing goes on his record, by the way. A lot of guys are nervous about seeking counseling because they don't want any trouble with their careers...it doesn't go on record.

Obviously, I don't know all the details of your situation, but wanted to agree whole heartedly with the others who have been through deployments that now is not the time (barring other factors) to decide whether or not you want to stay married. Really think it through, and please, seek consult from a professional who deals with families in the midst of deployments. They will help you think clearly and find your way through the muddle.

I have one more thing...a plea, really. I don't where your husband is, or what he is doing, but if this is simply a "I don't think I love him anymore and I hate all this fighting we're doing" thing...please, try to not fight with him, try to encourage him, and deal with this when he gets home. It's not fair to a guy under extreme stress in a combat zone (and just because he may act like it's calm doesn't mean for a second it is...those guys do ALOT they never talk about...) to keep throwing family problems in his face. It's not safe for him...and it's not safe for the other guys who need him to have a clear head when it gets tough.

I feel like I've been pretty blunt, but it's coming from a place in me that has seen this over and over...and the ruin and wreck and heartache it causes, simply because the spouses didn't understand each other, and didn't know that what they were feeling was normal, and most importantly, temporary.

I'll be praying for you to reach a wise and well-thought out decision.
See less See more
1 - 16 of 16 Posts
This is an older thread, you may not receive a response, and could be reviving an old thread. Please consider creating a new thread.
Top