Military annulment


#1

bump

Don’t want this one to get lost in the clutter. Any information would be very much appreciated. Thanks!

Just because you’ve been putting your pants on your whole life doesn’t mean you’ve been doing it the right way.


#2

I would suggest going to legal aide on base, they could tell you more. I am currently married to a military serviceman and we are going through things according to NC law. There has to be certain circumstances to get an annulment and this homesite could tell you more. I have been married longer than you but I am still guessing that you are bound by NC law. If she wants the divorce instead there is nothing that you can do about that. She can still get it without you signing the papers. To get a divorce here in NC one of you have to be a resident for 6 months and you need to be separated for 1 year and 1 day before filing for the divorce. I would call and make an appointment with the bases legal aide and if she hasn’t contacted them yet then they will help you. If they can’t get a civilian lawyer to find out more. In the meantime check out this site’s homepage to find out what the circumstances are for getting an annulment.


#3

Thanks for the reply.

Unfortunately I can’t get up to base very readily, or I would have already asked about it there. I live off base, and I only got here so I have no car or anything.

Why do you say they will only help me if she hasn’t contacted them yet?

Just because you’ve been putting your pants on your whole life doesn’t mean you’ve been doing it the right way.


#4

What I meant is if you go ahead with the divorce/annulment then the lawyers on base will only represent the one of you who calls or sees them first. If she has already contacted any military lawyer and they agree to help her then it will be a conflict of interest to represent you so you will have to get a civilian lawyer. They will represent you free of charge. But it is on a first come first serve basis. I would at least call base legal to try and set up an appointment. They will let you know if they were contacted by your wife or not.


#5

Dear Retriever,

I do not practice military laws and I do not know if you would be eligible for an anullment based on military law. You would not be eligible for an anullment under NC law.

Helena M. Nevicosi
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

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 but a full discussion with an attorney should be undertaken before taking any action.


#6

Too late, she already contacted the base legal department.

Helena, can you tell me whether or not I’m in North Carolina’s jurisdiction? We were legally married in Florida, but I’m pretty sure we’re not in Florida jurisdiction, and I’m not aware of any special military jurisdiction that I can find any information about on the internet, and since I’m not a citizen of Japan, I’m pretty sure I’m not under Japanese jurisdiction.

Just because you’ve been putting your pants on your whole life doesn’t mean you’ve been doing it the right way.


#7

If NC was your last state of legal residence you would be under the laws of this state.

Helena M. Nevicosi
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

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 but a full discussion with an attorney should be undertaken before taking any action.


#8

I’m married to an active duty serviceman, she is in the Air Force and currently stationed overseas. Things are not going well and she wants to break up. I would like to prevent this from happening if I can. We have been married for under a year, and she tells me that we can get an annulment because of that. I am aware that under North Carolina laws (where we lived previous to being stationed here) we do not have any grounds for annulment, but she tells me that we are in a military jurisdiction. Since we live overseas I need consultation from someone with experience in military annulments and divorces. Would we be under North Carolina law or under military law? If military, what is that law? Can we get an annulment under a year, and what are the requirements for divorce? Could I get some reading material? (I don’t mind if it’s technical or legalese.) Thank you very much.

Just because you’ve been putting your pants on your whole life doesn’t mean you’ve been doing it the right way.