I am currently home on R&R leave from a 1 year tour in Afghanistan. During the beginning months of my deployment my wife stated she wanted a divorce. I have reason to believe there is infidelity, possibly cheating. We are residents in California and we have one 10 year old son. We have been married for ten years and this June will make 11. She is a Japanese citizen with a spousal Visa she was given in 2003 when we relocated to the States. I have been in Navy for 16 years and plan on retiring at 20years. What does California law state regarding divorce and immigration issues and what are some of the things she can pursue financially. She states that all she wants is support for my son but she has been revealing she wants more. We both agree on joint custody of our child, 50/50. I just don't know what to do and where to begin. I will be leaving again to finish off my last 6 months Aghanistan but wife wants to start the process now. Any advice? Thanks.
My deepest sympathies for what you are going through. And my deepest thanks for your service to our counrty. I am a retired military member living in california currently going through a divorce. It has been in the courts for over 2 years now and i'm hoping for it to be over in the next month or two. i am not familiar with your situation being married to a foriegn natiional with a spouse visa. My first recommendation is to get an attorney. The sooner you get an attorney the sooner you can get her to agree to only support for you son. If she is truly only wanting child support then you need to get it in writing as soon as possible. You will no doubt have to pay some spousal support for a while but that can be a set amount of time. As for your retirement. She will probably go after a portion of the retirement but she can't get any money from you until you retire. Your JAG office should be able to give you information on finding an attorney and what your rights are (and hers) during this time. So....Talk to the JAG.....Find an attorney.....gets things in writing now before you head out..... Good luck, may God bless you during this time and while you are on tour... stay strong and count on your friends and family for support....
Thanks alot for your advice. I will seek an attorney as soon as I can. I will have to go back to Afghanistan within a few days but there is a JAG where i'm deployed so I will talk with him for now. Once again, thanks alot for the info and I know through faith that things will get better. God bless to you too.