1C0Jess
New
Reged: 03/12/08
Posts: 4
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Husband and I are both AD, currently in Idaho for 12 months. I am a resident of NC, he, WA. We were married in NC. Do we have to follow the divorce laws of the state we were married in, or can we follow Idaho's even if we are not legal residents? Thanks.
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pdm1960
Platinum
Reged: 02/15/06
Posts: 261
Loc: California
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You should be able to follow the rules for Idaho. Check with the JAG office. They should have the answer.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3115
Loc: Colorado
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What is AD?
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pdm1960
Platinum
Reged: 02/15/06
Posts: 261
Loc: California
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Active Duty
versus the Gaurd or Reserve
Edited by pdm1960 (03/12/08 12:56 PM)
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movingon2
Platinum
Reged: 12/06/07
Posts: 209
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Normally, when either one of you have fulfilled the required residency time…then you should be able to file in Idaho if that is the state in which you wish to file.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3115
Loc: Colorado
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I don't know if special federal military rules apply but in the civilian world, you can't file in ID until you attain legal resident status. You can file in NC or he could file in WA - first one to the courthouse establishes jurisdiction.
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pdm1960
Platinum
Reged: 02/15/06
Posts: 261
Loc: California
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When stationed in the states their is no federal military rules, it really does depend on the state you are stationed in and that particular states residency requirements. But Kgrow is correct in first one to the courthouse if you are a resident of another state.
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