Legal Question in Military Law in Nebraska

Divorce-self initiated

I have a unique situation. I have a wife who is a member of the Rosebud Souix Indian Reservation in South Dakota. I may half to end it, but not quite yet, I love her, but I don't fully trust her. I don't know if she loves me. And she could tell ya, if you didn't bring up divorce, that we are usually not right for eachother. We both have ptsd, me because I saw some shit in Iraq as an infantrymen with the 101st, and then I caught some shrapnel from a mortar round a few feet away, was sent to walter reed and I still have a three pound limit on my arm for another year, and memory problems. She had a text book case of a horrible bottom of the barrel child hood and was raped when she was only 14 by some 25 yr old, and that case still hasn't gone through, and I still haven't recieved my VA benefits. We are staying with my parents so we can get on our feet. But she hates them and its tearing us apart. I need Native American Law, too.


Asked on 2/26/09, 7:55 pm

1 Answer from Attorneys

Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: Divorce-self initiated

I don't think under the circumstances you should divorce. I don't know how long you have been back from Iraq, however, based on my own experience in Vietnam many years ago, it may take up to 5 years before you may have some normalcy in your life again. I was a grunt in the 101st as well, B Co. 1/501st infantry.

With regard to your VA benefits, I don't know whether you filed your claim on your own or through one of the service organizations. If you don't have a patient advocate, go to DAV or PVA. In my estimation, they ate the best organizations.

I have been where you are now, many years ago. All that you can realize is that the process will work its way through and it will be resolved.

Divorce is not the solution in your situation. Please feel free to contact me again if you so desire. Good luck!!

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Answered on 2/27/09, 6:39 am


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