Can I file for divorce while on active duty in the military?
Yes, you can file for divorce while on active duty in the military in North Carolina. All branches of the military have regulations regarding marriage and divorce, and each soldier must comply with these regulations in order to file for divorce. The military encourages family stability and understanding the rules and regulations will help you navigate the process. Military members retain the right to file for divorce while on active duty, as they have the same right as any other state resident. In North Carolina, the process is slightly different if both parties reside in the same state or if one is stationed elsewhere. In either situation, the military member must complete a “Petition for Divorce” and provide the necessary information in order to initiate the divorce filing process. This petition must include the date of marriage, the residence information of each partner, the reason for the divorce, and the request for divorce. If one of the partners is on active duty, the “Service Member’s Affidavit” also needs to be completed. This document will allow the divorce case to proceed without the active duty member having to appear in the court. Once the paperwork is filed, the court will review the documents to determine if all requirements for the divorce are met, and will issue the divorce decree. The required forms and important details can be obtained from the local court or military family support center.
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