Military spouse Divorce


#1

If you could Please give me some advice to my above mentioned question. Thank you.
LJBH


#2

Dear LJBH:

Greetings. First, my clients come first, so sometimes forum posts must wait awhile for a response. Now, you need to live in North Carolina for six months before you can be a resident of North Carolina. If you file an action here, he can always argue that you are not a resident. You can not file for divorce until you are separated for a year - so have you been separated for a year? Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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

Yes we have been separated since Apeil of 2000. He moved my daughter and myself out of our home and to another state. I guess I will have to wait the 3 1/2 months then to file then. Can I still do a no fault with child custody and child support in it, if he agrees to the terms of it??
Thank you.
LJBH


#4

Dear LJBH:

Yes, you can file for divorce, child support, and child custody all at the same time after you are a resident of North Carolina. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

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.


#5

I moved to NC the first of June. I am wanting to get a No Fault Divorce. I do not want his retirement, alimony, or anything like that. I just want divorced, I want sole legal/physical custody of my child and child support. My question is do I have residency her in NC since I am a Military dependant, eventho I have not been here 6 months? I was told being a military dependant I do not need to prove residency?? Or can I go and file in my previous state? I just really do not want to wait another 3 1/2 months to file. By the way he is stationed in Italy, not in the states.
Thank You in advance.
Lisa