What are the eligibility requirements for filing for military divorce?

In North Carolina, a person in the military has the same rights as any other citizen when filing for divorce. To file for a military divorce in North Carolina, both spouses must be a members of the armed services or have been at the time of their marriage. In order to file for a divorce in North Carolina, the person filing must have been a resident of the state for at least six months. This six-month period must have occurred before or since the date of separation. In addition, one of the spouses must have been a resident of the county where the complaint will be filed for at least three months prior to the filing. If the non-military spouse does not want to move out of North Carolina in order to file for divorce, the military spouse may file for divorce in the jurisdiction where he or she is currently stationed. The state will issue a waiver that allows the non-military spouse to file for divorce in the state the military member is located in. The military spouse must follow certain procedures when filing a petition for a military divorce. The petition must be formally delivered to the spouse who is being served and must explain what the petition is for. In addition, there must be evidence that the military spouse has been properly served and has been given a chance to respond to the petition. Finally, in North Carolina, the military spouse may not be required to pay court costs associated with the divorce. However, the non-military spouse may be responsible for attorney’s fees if they are the one who filed the petition.

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What are the eligibility requirements for filing for military divorce?

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