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Army Colonel seeks divorce after wife arrested for murder

In a previous post, the complicated nature of a military divorce was discussed. Even though a divorce generally is hard on a couple, there are a lot of other factors to consider when one or both spouses are in the military. Often some of the more complicated matters arise out of certain child support obligations.

Recently, an Army Colonel told his wife that he wants to divorce her. While this may not seem that out of the ordinary, it was national news. The man announced his decision to his wife, who was in jail after being arrested last month for killing the couple's two children. The man had been on duty in another country when the killings occurred.

The wife had apparently planned out the killings and even wrote out a note that police discovered. Both children were shot with a gun that she had purchased a few days earlier and then were covered with blankets. Officers doing a welfare check found the wife unconscious and the children in the home.

According to the article, the family had already been going through some hard times as they had been seeing a counselor. Though there were allegations that the wife had struck the daughter, it was determined that there wasn't a danger.

After his wife's arrest, the Colonel stated that he and his wife were on separate paths and divorce was the best way for both of them to move forward. But this situation raises a question. Will property division laws apply if the wife is convicted of first-degree murder? Does a conviction affect her rights during and after the divorce? If she is found guilty, she could be facing the death penalty.

Source: Miami Herald online, "Man to divorce mom accused o killing their 2 kids," Mitch Stacy, 18 February 2011

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