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Abandoned by a GI husband in Korea

Discussion in 'Divorce, Separation, Annulment' started by uhrmacherm, May 3, 2011.

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  1. uhrmacherm

    uhrmacherm Law Topic Starter New Member

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    3 years ago my husband, who was an E-5 in the US Army, abandoned me and our daughter in South Korea. He has not divorced me nor provided any financial/child support. What is my best option? I am a Philippine national.
     
  2. army judge

    army judge Super Moderator

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    You should start by reporting this to the nearest Commander of a US military installation, or the US Embassy.

    Be prepared to show your passport, US military dependents ID Card, birth certificate, your husband's particulars, and your marriage license.

    He may no longer be in the US military. Three years is a long time to do nothing. But, do as I've instructed, those authorities will help get to the bottom of this mess.

    Have you contacted his family?
     
  3. uhrmacherm

    uhrmacherm Law Topic Starter New Member

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    I've done all of that three years ago, with no result. I guess I just need to hire a lawyer and file for divorce and child support- can I do that from overseas?
     
  4. army judge

    army judge Super Moderator

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    You can file.

    It won't do you any good in the US.

    He can't be served.

    And, even if he were served, a foreign court would have no jurisdiction over a US national.

    You'll also have difficulty getting a foreign order of support enforced in a US court.
     
  5. uhrmacherm

    uhrmacherm Law Topic Starter New Member

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    Can I retain a US attorney and file for divorce in a US court? I am a Philippine national but he's a US citizen. It's true, as you say, if he want s to avoid a Korean judgment he just leaves the country.
     
  6. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'm not a divorce lawyer but, from my understanding, you can petition for divorce here. Army Judge may know better but I think that an inability to show proof of service won't necessarily prevent you from obtaining a divorce. For example, in many states abandonment for a period of time can qualify for divorce.
     
  7. army judge

    army judge Super Moderator

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    I thought he had left Korea.



    You said he abandoned you.

    Does he still reside in Korea?


    If he's living in Korea, is he a legal immigrant?

    Is he still in the US Army?

    Or, is he just hanging around as an illegal alien?

    Are you legally living in Korea?

    If you aren't living in Korea legally, it wouldn't be wise to bring a divorce action.
     
    Last edited: May 4, 2011
  8. uhrmacherm

    uhrmacherm Law Topic Starter New Member

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    His exact whereabouts are unknown. He doesn't appear to be in the Army anymore, at least judging from the limited means at my disposal (military.com 'buddy finder'). He abandoned me and our daughter three years ago by first moving out and withholding any financial support (well documented by correspondence with his commander), then going awol and going to the Philippines with another girl. He managed to make amends with the Army and return to Korea, but at that point I lost all contact.
    I am just concerned with getting a legal divorce and a standing judgment for support, and think that is best done in a US court. Opinions are welcome!
     
  9. army judge

    army judge Super Moderator

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    A US divorce might be better.

    But, you'll have to find this bum.

    He seems to be on the run.

    If he is back in the US Army, reread my original post.

    If he isn't in the US Army, it'll be very hard and somewhat expensive to locate him.

    I'll give you odds of 10:3 that you'll never get a dime of support from this bum.

    You may get a support order, but this loser will never honor it!!!
     
  10. uhrmacherm

    uhrmacherm Law Topic Starter New Member

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    But he will still be subject to 'deadbeat dad' laws if and when he surfaces in the states, right?
     
  11. army judge

    army judge Super Moderator

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    Oh, yeah, if you find him; you can convince a court to order him to pay child support.

    But, bums like this don't usually work.

    They often mooch off of unsuspecting women.

    I hope you find him and he's made to pay!!!
     
  12. uhrmacherm

    uhrmacherm Law Topic Starter New Member

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    I've located my husband, he is retired from the Army and living in the Philippines. We have spoken and he seems open to the idea of divorce, but I did not mention child support which might be a deal breaker. Now, he is from Irving, Texas. I am a Philippine national. Can I file a divorce in Texas from Korea? What about serving him, can I just mail the papers? Can I succeed in divorcing him if he ignores the suit? Help!
     
  13. army judge

    army judge Super Moderator

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    One spouse must be a domiciliary of the State of Texas for at least six months and a resident of a county for ninety days before a divorce can be filed.
    After the divorce is filed, there is a minimum 60-day waiting period before the divorce can be granted. (In 2009 the Legislature added an exception for certain aggravated situations) Most people's cases take more than this sixty day period to find out what there is and to finalize the* documents if there is to be an agreed divorce.




     
  14. army judge

    army judge Super Moderator

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    Your best bet would be to file in the PI, especially being that you're a PI national!!!

    How long have you been married?

    How long has it been since he abandoned you?

    How old is your child?

    The child is entitled to a military ID card, healthcare, and benefits!

    You are, too, because you're still married.

    You could be entitled to much, much more!

    Depending on your answers, I may have good news for you!
     
    Last edited: May 10, 2011
  15. uhrmacherm

    uhrmacherm Law Topic Starter New Member

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    Your best bet would be to file in the PI, especially being that you're a PI national!!! A: Believe it or not, PI is one of the few countries in the world in which divorce is illegal!

    Q: How long have you been married? A: We have been married for nine years.

    Q: How long has it been since he abandoned you? A: Three years.

    Q: How old is your child? A: Eight years

    The child is entitled to a military ID card, healthcare, and benefits!

    You are, too, because you're still married.

    You could be entitled to much, much more!

    Depending on your answers, I may have good news for you! A: God willing!!!
     
  16. army judge

    army judge Super Moderator

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    Okay, if I were you, forget the divorce for a few months.
    The PI isn't useful for a divorce.
    Do they have child support laws?


    How long did he serve in the military?
    You're entitled to A military ID card and so is the kid.
    You're both entitled to Tri-Care, health care!
    You can use it in Korea.
    Go to the nearest US military installation.
    See the JAG or the commanding general.
    Tell them your story.
    They'll help.
    Let me know what they say.
    I'll make a few discreet inquiries.
    Get back to me after your visit.
     

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