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I am leaving for the UK soon and will be gone for the next couple of years. I have been trying to get a divorce for about 9 months but my wife is contesting everything. I am ready to move on. If she attempts to serve me and she can not find me what happens with my military pension when the divorce moves forward? She is also retired military so my understanding of it is she gets 1/2 the difference (mine is the higher pension). She is a legal resident of GA and I am a legal resident of CO. I am not worried about the judge ruling on property in GA, she can have all of it, I just don't want to find out that she got a huge portion of my pension. I was told the judge will not rule on monetary issues like my pension and possible alimony if I am not found or present, that it would be dealt with once I return and they know I am back, is this true? One last thing, we do have a child but I will be maintaining child support payments during my absence. Thank you
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If you are on duty overseas, a stay can be put in place by the Court so nothing will happen in your absence. Plus, if you do not live in Georgia, or have never lived in Georgia while married, then the Georgia Court will have no personal jurisdiction over you. She can file an "in rem" divorce which involves the marriage issue alone - no other property or monetary issues.
Answered on Apr 01st, 2013 at 3:36 PM