In the military


#1
  1. Can spouse refuse to separate, or even more important, divorce?

No, you are legally separated on the date you begin to live separate and apart and one of you intends for it to permanent.

  1. We have lived separate since 17 dec 006. i remained in germany and spouse moved to n.c. does my 1 yr for separation begin on that date?

Yes.

  1. Does deployment interfere with 1 yr separation requirement? i didn’t deploy until 1 jul 07.

No, the deployment does not affect this date.

  1. Can i still file for separation if spouse currently lives in house with my name on lease?

In this state you do not need to file for separation, however, if you are referring to filing for divorce, you need to resolve your property issues before filing for divorce.

  1. Can i pursue divorce on or after 17 dec 06? when i re-deploy, i will return to germany, not n.c.

As long as your spouse continues to live in this state you can file here on December 18, 2007, however you need to make sure your property issues are dealt with before finalizing the divorce.

  1. Spouse is receiving more money than army regulations require. am i obligated to pay more due to legal separation?

I cannot answer any questions about your support obligations without reviewing your finances. Military laws and state laws are often different.

  1. Spouse has vehicle and can keep vehicle. do i have to do any title changes once separation is in place? i will continue to pay insurance.

Before you divorce you should transfer the title so that the each vehicle is titled in the name of the driver.

  1. how do i declare legal separation and have proof for military purposes?

See above, North Carolina has no legal separation. There may be some process available to you through your local JAG attorney.

  1. i want to leave spouse with all the property in the home. can any other ED issues arise?

Yes, there can be many other ED issues, however it is hard for me to know what these are without reviewing your finances.

  1. Spouse has never tried to save money. is spouse entitled to money i save after separation?

No but you earn more money than your spouse, you will likely have an obligation for spousal support.

  1. is there any way to negotiate not giving up portion of my retirement?
    You can reach whatever agreement both of you agree to in mediation.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

I am currently overseas and spouse is stateside. spouse is objecting to separation and divorce; i want separation and divorce. these are my questions:

  1. Can spouse refuse to separate, or even more important, divorce?

  2. We have lived separate since 17 dec 006. i remained in germany and spouse moved to n.c. does my 1 yr for separation begin on that date?

  3. Does deployment interfere with 1 yr separation requirement? i didn’t deploy until 1 jul 07.

  4. Can i still file for separation if spouse currently lives in house with my name on lease?

  5. Can i pursue divorce on or after 17 dec 06? when i re-deploy, i will return to germany, not n.c.

  6. Spouse is receiving more money than army regulations require. am i obligated to pay more due to legal separation?

  7. Spouse has vehicle and can keep vehicle. do i have to do any title changes once separation is in place? i will continue to pay insurance.

  8. how do i declare legal separation and have proof for military purposes?

  9. i want to leave spouse with all the property in the home. can any other ED issues arise?

  10. Spouse has never tried to save money. is spouse entitled to money i save after separation?

  11. is there any way to negotiate not giving up portion of my retirement?

kbond