Legal Question in Family Law in North Carolina

Just have a quick question.I am currently active duty in the army and I am looking to get a divorce. My wife and I got married in illinois but are stationed here in north carolina. Is there any way possible I could file for divorce in illinois in order to avoid the 1 year separation law that NC has or am I stuck filing where I'm currently stationed?


Asked on 12/16/16, 7:21 pm

1 Answer from Attorneys

That is a quick question for an Illinois attorney. Typically jurisdiction to file for divorce is based on residency. Residency is simply where you are currently physically at. Where you are domiciled or where you call home or what you think of as your 'home of record' is usually irrelevant - definitely irrelevant here in NC. If Illinois is the same way, you likely will not be eligible to file there and since you don't meet the one year separation requirement, you are also likely ineligible to file in NC as well. So, your legal options are to: 1) wait the year and file here in NC or 2) check your eligibility in other jurisdictions like Illinois or perhaps if you have an extra $6000 and two weeks or so to spare you could travel the 8000ish miles to the US territory of Guam and get a divorce there. Your illegal options involved lying, fraud and perjury and will likely result in various extreme unpleasantries if you get caught. If you decide to wait it out, you may want to consider having a Separation Agreement drafted.

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Answered on 12/16/16, 8:06 pm


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