Military out of state


#1

cbmech,
I am in a similar situation. I too am in the military and stationed in California and my ex currently resides in North Carolina. Here is my understanding. In California, as long as you have been a resident for at least 6 months, you can file for divorce in this state. Once you file and have her served, there is a six month waiting period and provided she does not contest anything, a trial date will be set, you will appear and the judge will grant you a divorce. You also have the option of her filing in the state of Virginia and having you served. If you have already met the minimum 1 year separation (or 6 months without kids), this may be the fastest route because you will not have to wait the 6 months from filing that California requires. Either way, you have the right to file in California as long as you have lived here for 6 months. All you have to do is go to the county court house, get all of the forms and pay around $250.00 to file. Pretty straight forward process as long as nothing is contested.

Hope this helps

ATC(AW) Kevin Hughes
CVW-14, NAS Lemoore, CA


#2

We can only give you information about NC law.

While at least one spouse as been a resident of NC for six months prior to the filing, then either spouse may for divorce in NC.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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.


#3

thanks for the advice and i will try to go thru nc cause i want it over asap. we have been seperated for 30 months now and it is tme for this to be over

CM2(SCW)Ronald A. White


#4

can i file by mail. do i have to be present? to file in NC. i have been a resident of NC for 26 years.

CM2(SCW)Ronald A. White


#5

Dear cbmech:

Greetings. Three things:

  1. Divorce in NC is relatively quick. After you wait 1 year and 1 day, then you file and wait 30 days, set a hearing, and get divorced.

  2. You or your spouse must live in NC, not just be a legal resident (for example the military allows you to be a resident here for taxes, but not leave).

  3. Yes, you can file by mail. You can send the complaint to the clerk of court in the county where one of you resides. You should include a self-adressed and postage prepaid envelope for return of all copies to your attention. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.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

I am concernd of the difficulty of a divorce while i am statioed in California and my wife is a esident of Virginia. I do not where I can file or how to go about the process of finding out. If at all possible, I would like to file for a divorce and have it finalized as oonas possible. Thank you.

CM2(SCW)Ronald A. White