Legal Question in Family Law in Virginia
and now he's being deployed!!!!
He's 21;He enlisted, married a girlfriend, went to Iraq for 9m;all the money he made in Iraq was sent to an account;she withdrew & spent everything;No rent/no bills, she lived with a friend;Spent frivolously on herself & her friends;Trashed the car;She quit work & just spent his income;She degraded him over the phone while overseas facing war;He returned;she got pregnant;Later they couldn't get along;She moved from GA back to VA with her family;He's faced with debt she accumulated while he was gone;Struggling without his wartime earnings to catch up & he couldn't afford the divorce;While pregnant, she drove to GA at 1 am, vandalized his car, jumped on the hood of his car to make it appear as if he hit her, attacked him resulting in her spending two days in the mental ward of the hosp;She repeatedly threatened to kill herself & the unborn baby;Now she has a boyfriend, the baby will be 1.5 mos when he is deployed to Korea & he's afraid his son will never get to know him;He wants a divorce but he's been led to believe it's too late because he can't handle it from overseas;can he handle this from overseas & can he petition for full/joint custody of his son & turn it over to my mother/myself until he returns in a year?
Thank you!!!
1 Answer from Attorneys
Re: and now he's being deployed!!!!
The deployed one might be able to retain counsel or the assistance of a JAG officer to initiate in his behalf a no-fault divorce action from his overseas duty station but it's very doubtful that a suit for even joint custody could be successfully prosecuted in his behalf if he were overseas unless, perhaps, there was complete agreement of the parties on every major issue involved in the suit.
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