I'm dual miltary and my ex refuses to divorce me because he gets bah. Is this fraud?

This is totally a civil matter and the laws of the state you filed for divorce in is what matters. The military has nothing to do with and won't have anything to do with the proceedings. If you filed, wait the prescribed time and it will be so. I believe the state of Virginia doesn't even require the other person to do anything. Once the year passes, after you file (not after you left him), the divorce is final. If you are aboard ship, what's your rush anyway?

It is NOT in their best interest to help you and legally, he is authorized the BAH until your divorce is final. The military cannot and does not get involved in civil matters and definitely cannot rush things.

1) he is NOT committing fraud so you have no reason to report him to the command

2) he is NOT getting BAH w/dependents as you are AD yourself so therefore he is getting BAH W/O dependents that he would be eligible for if he isn't married because either he is E5 or higher or there is no barracks for the command he is assigned to

3) the Command he is assigned to has told you it is a civil matter and there is nothing they can do which is correct.

4) find out information from a lawyer on what you can do and go from there. If you can prove you have been separated for a year then there you go. He can protest but doesn't mean he'll win.

I do not know about every state, but where I am, the state specifically states that the decisions of the family court are not enforceable on creditors... so the mortgage company would care less what the divorce decree states. Your husband will need to refinance the house which means that the loan would need to meet whatever criteria is required by the lender; income, debt-to-income, loan-to-value on the house... which is probably the deciding factor in today's housing market as many of us our upside-down owing more than the property will appraise. My wife and I are planning a divorce and would have filed already except we are uncertain how the court will handle the issue of the house... because of current market values, the home can not be refinanced by either of us... we feel the only logical choice is for us to maintain both our interest in the property under a "joint tenancy" deed... the idea is, no matter who lives in the property or pays the mortgage, as long as either of is responsible for the debt, each of us holds a stake in the property... *** I seriously hope that you did not already file the quit claim with your county recorders office... NEVER, NEVER file a quit claim on a property if you are still responsible for any debt on the property.

As a single person, you can still get BAH if you're living off base. If he's collecting the married amount, yes, that would be fraud. However, it's unlikely that his command is going to push an investigation. They're also not going to get involved in your divorce.

-Have you spoken to a lawyer to find out if there's a way around his ability to contest the divorce?

-Have you considered going to the Dominican Republic or Mexico? You can get a divorce whether or not your husband agreees. The divorce is enforceable in the US.

no it is not fraud.. you are married, he is entitled to BAH single in his own right, period. he IS NOT GETTING BAH WITH DEPENDENTS if you are AD so how can it be fraud?!

this is strictly between you, him and the CIVIL court system.

1

You do realize you can divorce him without him showing up in court! He needs to be paying you Spousal support as well.

Why do people marry each other in the military? I just don't get it. The divorce rate is like 90%. 9% is because they want that nice increase in pay and 1% is actual successful marriage.

Yep call the CO since no ons else wants to listen. Good luck!

Do it! My exwife tried to do the same thing after cheating on me. She was also trying to get family separation pay btw. Don't let people use you.