Steps needed to file for divorce from soldier


#1

Dear crzysprtbk:

Greetings. First, you must be separated for one year and one day prior to filing for divorce. If you want to establish that you both can live separate and apart, then you need a separation agreement (which will contain child support, child custody, alimony, and property distribution claims). Thank you.

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.


#2

Ok. I understand the one year and one day. Can you back date a separation agreement? My husband deployed on January 31st and had plans on filing the separation before he left, but was unable to do so. And do I need to go through the military for the separation agreement and divorce, or can it be done on the civilian side?


#3

Dear crzysprtbk:

Greetings. If your date of separation was January 31, 2005 - meaning that is the last date you both lived together and intended to be separate after that date, then yes, you can use this date in your separation agreement. You can use this date in your separation agreement and I recommend a civilian agreement. Thank you.

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.


#4

My issue is that my husband and I have decided that divorce is our best option. He is currently deployed and we want to end this as soon as possible. What steps can we go ahead and do to get the divorce process started? There is a child involved.
Thank you for any help.