Active duty military divorce home of record

Hello,

As an active duty member stationed overseas.
That is not due to return to the US for a while but is looking to divorce a spouse who is in the US, is it possible to file for divorce in one’s home of record if taxes, drivers license, voters registration etc all have it listed(as North Carolina in this instance). The spouse has not stayed anywhere long enough to establish residency.
They have been separated for 4 years living in separate countries and the dependent spouse has an outside child as of 1.5 years ago.
Is this something that’s even possible?

Yes, you can file in the county of NC in which you are a resident. As you mentioned, your residency is shown on your tax returns, driver’s license, and voter registration.

Since you’ve been separated for more than one year, you are eligible to file for absolute divorce now.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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