Filing for divorce while deployed


Dear lanead:

Greetings. Yes, you should be able to file for the divorce while you are still in Iraq. What county does your wife reside in here in NC, as that is the county where you will need to reside.

You can file one day and one year after the date of separation (the day you stopped living together and one of you intended it to be permanent). As far as I know, the JAG does not do divorces, so you will need a civilian attorney to appear for you. Thank you - for posting and for protecting us all. Stay safe!

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I am in the military, currently deployed to Iraq. I have been separated from my wife for 10 and a 1/2 months. I have been in the military for 5 and a 1/2 years, and we have no children. I would like to be able to file and, complete my divorce before I get back to the States (March 2006). Assuming she will be compliant (not necessarily likely, but just for simplicity of both the answer and the response), is it possible to do so? If so, when is the earliest I can file? Also, do I need a civilian lawyer to file and appear in court if neccesary, or is that something that the JAG can do in part, or in full. Your response would be greatly appreciated. Thank you