Legal Question in Military Law in Tennessee

Divorce

My husband told me he wants to file for a divorce (2nd time) and he is going to wait until March to file to give me time to get situated. He is military. Will I get any money for the divorce? We been married since March 6, 2006. I dont know if thats any stipulation.


Asked on 9/24/07, 9:49 pm

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Divorce

The most important thing you can do is hire a good lawyer. Do not be talked out of hiring a lawyer. Sometimes people think with their heart and not their head here. You are entitled to an equitable division of the marital property, and you should insist upon it. A good lawyer will protect your rights and see to it that you get what you have coming.

A good lawyer doesn't necessarily mean the meanest or craziest lawyer. Lawyers who fight because they like to fight often wind up being ineffective in these situations because it gets personal. So my advice is to find a good attorney locally who understands military divorce issues and who has handled a divorce like yours before.

You will likely have to pay a retainer, but in many states, the party in the best economic condition (in this case, your husband) may have to pay some of your legal fees if he instigated the divorce action.

I am sorry for the loss of your marriage, and I wish you the best in getting on with your life. If you gave your best, you have nothing to be ashamed of, and nothing to apologize for. Now it's time to pick yourself up, dust yourself off, and go on with life.

Good luck

Read more
Answered on 9/25/07, 9:25 am
Philip D. Cave Military Law & Justice

Re: Divorce

You and he will have to negotiate a separation agreement, etc., in connection with a divorce.

Each states apportions "money" according to need, and entitlement. You have been married long enough to be statutorily entitled to any "retirement" money.

Talk to a lawyer in your town who knows about military divorce issues.

Read more
Answered on 9/24/07, 10:02 pm


Related Questions & Answers

More Military Law questions and answers in Tennessee