Legal Question in Family Law in Maryland

Uncontested Divorce

I am trying to file for a divorce. I am currently in the United States Military and stationed in Georgia, my spouse is currently a resident of Maryland with our two children. I would like to file for a uncontested divorce. Could you please send me any information that you may have concerning this matter. Thank you for your time in this matter.

Asked on 3/16/04, 5:20 am

2 Answers from Attorneys

Ms. Tran Lankford Tran Lankford, Attorney at Law

Special Considerations for Military Divorces

A majority of Military divorces are not like non-Military divorces because of complex issues, which need to be considered. Your case not only involves children, but if it also involves alimony claims, then it will complicate the proceeding. Moreover, if you have been married for at least 10 years, you might want to consider whether you would like to have your spouse get part of your retirement Military benefits, etc. If you do not want your spouse to have those benefits, you need to hire an attorney who knows about Military divorces. There are a lot of nuances, such as whether you are residing in Georgia on a Military installation because that fact alone will decide whether normal Georgia waiting period applies to you or not. For Military personnel, there are such a thing as Ex Parte Divorces, which may be of some advantage to you. Because of your Military status, there are so many more issues you need to consider, even though it may be an uncontested divorce. If I can be of further assistance, please contact me directly, or at least, contact an attorney who knows how to handle Military divorces.

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Answered on 3/19/04, 2:40 pm

Robert Sher Wagshal and Sher

Re: Uncontested Divorce

In MD, you must have been separated by mutual agreement for 1 year, or without agreement, for 2 years before you are eligible for a divorce. Since you have children, it would be best to work out a separation agreement with your wife regarding custody, visitation and child support before filing a divorce action, since these issues make otherwise make the case a contested one. Also, any property and debt issues need to be addressed. If you have residency in another state, you could file there; otherwise you'll need to file in Maryland.

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Answered on 3/16/04, 4:58 pm

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