Legal Question in Family Law in North Carolina

I got married in one state but I am currently in the Military, stationed in another. I was wondering which state laws I would have to follow should I seek a Divorce?

EX: I think in my home state it requires you to be legally separated for 1 yeah but in my current state there is not length of time req.


Asked on 5/20/11, 12:53 pm

1 Answer from Attorneys

It does not matter where you got married. You can sue for divorce in the state where you are a legal resident, where you are stationed or where your spouse resides.

Where you will file will depend on:

(1) whether you have property or children;

(2) the state's laws.

As you noted, NC has a 1 year waiting period. In Georgia, for example, there is no waiting period, but you cannot get a divorce until 90 days have passed after you file your petition even if your spouse consents. In PA, its a 2 year period unless your spouse consents, and in that case its 90 days.

Other factors may be not only waiting period, but alimony, child support/custody or division of your marital property.

Assuming that there are no children, alimony/support or property issues, then I would file in the state where you are a legal resident as there is no waiting period.

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Answered on 5/27/11, 2:38 pm


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