I want to do an ERD, the problem is my husband first shirt will not allow it. I don't want to go ahead with a divorce as I am unsure if that's what I actually want. But I want to separate... where can i find information on how to do so... I do not want to go to the legal office as I have been there, they tell me one thing and the shirt tells me another, but both tell me the shirt must approve.
2007-10-23 02:19:12 · 9 answers · asked by Anonymous in Politics & Government ➔ Military
We are stationed in Japan. Can they just make him leave the house and put him in the dorm?
2007-10-23 02:35:33 · update #1
I would love to return home and live separately for the rest of his tour....
I was just wondering if it was possible to have him leave and go stay in the dorms as well.
A place of my own here would be great, and no I'm not military... if it helps we have 2 children.
2007-10-23 02:51:41 · update #2
I'm not sure what ERD is, but you don't have to stay with your husband?
Are you dual military?
Base legal does not do divorces. And if you don't want to be with your spouse, you don't have to. The 1st Sgt. can't make you stay together.
Do you want something more than just being separated? Like, do you live overseas with him and want a 2nd house/home for one of you to live in? Now that, they wont do. You can however return to the states.
2007-10-23 02:39:41 · answer #1 · answered by Just me 5 · 1⤊ 1⤋
Talk to the Legal Assistance Office in the Office of the Staff Judge Advocate (JAG) at your base. They'll be able to best advise you of your rights. Good luck.
Also, unless the 1SG is a Paralegal or an Attorney (unlikely because he's a 1SG and not an commissioned officer), he probably only has a basic understanding of the military legal system. Talk to JAG, talk to the same attorney everytime, and things will get done, this will eliminate the he said/she said factor. If you really want a legal separation (presuming it's allowed in your state of legal residence) it'll happen. Otherwise I'd say you need to talk to your husband and figure out how to make this work. Again, good luck to you.
2007-10-23 02:22:25 · answer #2 · answered by armyparalegal 3 · 3⤊ 0⤋
Below is a link describing how to apply for an ERD.
No they will not make your husband live in the barracks, and let you stay in post housing.
As soon as he moves to the barracks, you lose your right to post housing.
The 1st Sgt doesn't approve ERD's, the unit commander does, but he will rely on advise from the 1st Sgt.
But you can request to see the commander.
2007-10-23 03:18:39 · answer #3 · answered by jeeper_peeper321 7 · 1⤊ 0⤋
the "First Shirt" has the interest of his troops at stake, not yours. We don't know why you are seeking a seperation, but like was stated above, you need to see an attorney. Laws for the military person state you cannot divorce a military person while they are overseas. Some immoral "Gold Diggers" would marry military men (mostly during WWII), then divorce them and it cause a lot of havoc. You need to first speak with the base Chaplain and ask for advise there. And also to speak with your husband. You, as a spouse have rights also that the military protects, but they will protect their troops first.
2007-10-23 02:29:57 · answer #4 · answered by Empress Jan 5 · 4⤊ 0⤋
They can make him live in the dorms, but if it is like the army they will pull your command sponsorship and send you back to the states.
2007-10-23 08:41:42 · answer #5 · answered by Chris 5 · 0⤊ 0⤋
if base legal isn't doing it's job go up the chain of command never take no for answer, put in arequest chit for request mast then tell your Co legal isn't helping and what is a shirt your talking about.
2007-10-23 02:29:30 · answer #6 · answered by mushroom 3 · 2⤊ 2⤋
1
2017-03-01 05:08:20 · answer #7 · answered by ? 3 · 0⤊ 0⤋
SM are only removed form the house if domestic violence has occurred. they will NOT force him to leave just because you don't want to live together.
2007-10-23 04:04:04 · answer #8 · answered by Mrsjvb 7 · 0⤊ 0⤋
Information on the web will be possible. Depends which country you live in. Seperate should not be difficult. Speak to your lawyer.
2007-10-23 02:29:52 · answer #9 · answered by Anonymous · 0⤊ 3⤋