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    sweetredmami34's Avatar
    sweetredmami34 Posts: 1, Reputation: 1
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    #1

    Dec 4, 2013, 03:24 PM
    Military divorce
    My son is in the Air Force since March 2013, he got married in May 2013. He wants to know how he can get a divorce without her getting "half", as he put it. They own no property. He just bought a car which her name is not on in July. What can he do? They were married in Texas. Please help.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #2

    Dec 4, 2013, 04:05 PM
    If they don't own anything what is there for her to get half of? Do they have any kids? They weren't married for very long. Do they even have the checking/savings accounts in both names yet?
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #3

    Dec 4, 2013, 04:06 PM
    If they own no property, "getting half "of what? There is a car, is she helping pay for it?
    This is really a state issue not military. Texas is no fault. Agree to the divorce, split what they have and move on.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Dec 4, 2013, 07:31 PM
    Quote Originally Posted by ma0641
    This is really a state issue not military. Texas is no fault
    True, there is no such thing as an "military divorce". The Federal courts don't have divorce jurisdiction.

    And yes, Texas is a "no-fault" state, but that's beside the point.
    • The fact that they were married in Texas doesn't dictate the state in which they may file for divorce. It would usually be the state of residence of whichever spouse files.
    • Each of the other 49 states is "no fault" as well.


    But more to the point, Texas is a community property state. That means, in general, that whatever was acquired during the marriage by either party belongs to both of them. That would include whatever equity they may have in the vehicle.

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