Legal Question in Family Law in North Carolina

Re: Divorce

Please see below Massachusetts General Laws chp. 208, section 5 in regards to your inquiry.

CAUSES FOR DIVORCE

Chapter 208: Section 5 Exceptions

Section 5. If the plaintiff has lived in this commonwealth for one year last preceding the commencement of the action if the cause occurred without the commonwealth, or if the plaintiff is domiciled within the commonwealth at the time of the commencement of the action and the cause occurred within the commonwealth, a divorce may be adjudged for any cause allowed by law, unless it appears that the plaintiff has removed into this commonwealth for the purpose of obtaining a divorce.

Please feel free to email me if you are unclear as to the understanding of the above statute. Sincerely, Maria Murber

Re: Divorce

I have participated in many military divorces on active duty and in my civilian capacity. Please contact me if you have any questions.

Re: Divorce

What you consider is not necessarily what the court will. If your driver's license was in NC, if you were registered to vote there, if you reported a SC address as your home for credit, etc., then you were a resident of SC. If you have lived in MA for a year, it won't make a difference. If not, if the reason for the divorce occurred in MA, then again it doesn't make a difference. Since you have not moved back to MA yet, it will be difficult for you to file in MA, especially if your husband is on active duty out of the country. You would be better off filing in SC before you leave, and be sure to use a lawyer who has experience with active-duty divorces.