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Divorce for Active Duty Airman and Foreign Spouse

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  • 11-25-2011, 03:14 AM
    Jesse_the_af_guy
    Divorce for Active Duty Airman and Foreign Spouse
    My question involves a marriage in the state of: new york

    I'm currently stationed in Japan with my wife and 4 kids. She is a Japanese national with a social security number and green card. My home of record is NY. We co-own a home in Nebraska, which is currently being rented out until I can get station back there. We are ready to move on with our lives and plan on an uncontested divorce.

    I have been serving for nearly 18 years and married for 16 of it.
    We will share full joint custody of our children.
    She will receive half of my retirement pension and TSP.
    I have a NY state drivers license; she has a Nebraska license.
    We own a home in Nebraska and a truck registered there.
    She's filed Nebraska state taxes in previous years.

    My questions are:

    Where should we file?
    What is the usual turnaround for an uncontested filing?
    Do we have to sell our home if someone is renting under a 3 year lease?
    Can we sell the house at the termination of the lease?
    How can we relinquish her from any financial liability of the house?
  • 11-26-2011, 11:42 AM
    Mr. Knowitall
    Re: Divorce for Active Duty Airman and Foreign Spouse
    You can file wherever you can establish that you or your spouse are domiciled for purpose of jurisdiction. It would make sense if you and your spouse would agree on a location. If you are in agreement as to the division of assets, you shouldn't need ancillary proceedings in other jurisdictions.

    The amount of time it takes to resolve a case depends on the jurisdiction. Waiting periods vary by state. A court's docket can vary by county and judge. Your own diligence in pursuing the case, and avoidance of any errors in (apparently) representing yourself, plays a role.

    If you want to sell your home, you can agree to sell your home, now or later. What do you want to do?

    If you sell the home and pay off the mortgage, your spouse will have no further liability. If you keep the home with her quit claiming her interest to you and refinance such that she's off the mortgage, your spouse will have no further liability.
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