Military Residency Requirements

Dear ladyjumper82:

Greetings. Yes, you can obtain a divorce in NC, since you have lived here within the state for at least six months prior to filing the action. Residency for tax purposes is something different when you are a military member. Best of luck…and keep your eyes to the sky!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


My husband and I are both in the military. We’ve been stationed in NC for about two years, and have reached an amiable decision to divorce (uncontested). We are both residents of another state and do not want to give up our present state residency. Can we obtain a divorce in NC without changing our state residency?