How do I know if I am eligible for a military divorce waiver?
If you are serving in the military and considering filing for divorce in North Carolina, you may be eligible for a military divorce waiver. A military divorce waiver allows the military member to proceed with filing for divorce in North Carolina without first obtaining permission from their commanding officer. In order to be eligible for a military divorce waiver, you must first meet certain criteria outlined by North Carolina law. First, you must be living in North Carolina, the state in which you are filing for divorce. Additionally, you must be on active duty in the US military and be a resident of North Carolina. This waiver does not apply to reservists. In order to be eligible for the waiver, you must meet one of the following criteria: deployed out of the state, stationed out of the state, or on a ship outside of the state with orders to remain outside of the state for at least one year. Once you have met the criteria outlined above, you will need to provide proof of your active duty status and current North Carolina residency. You will then be able to file for a military divorce waiver with your county court. A judge will review your case and determine if you are eligible for the waiver. If approved, you will be able to proceed with filing for divorce in North Carolina without permission from your commanding officer.
Related FAQs
Can I get a default judgment in a military divorce?Are there any special provisions for military personnel filing for a divorce?
How do I know if I am eligible for a military divorce waiver?
What is a court martial order and how does it apply to a military divorce?
Does the military provide a divorce lawyer for military personnel?
Are there any restrictions on the time frame for filing for a military divorce?
Is there any difference in filing a joint petition for military versus civilian divorces?
How do I divide military retirement benefits in a divorce?
What paperwork is needed for a military divorce?
Can I file for a divorce without going to court in a military divorce?
Related Blog Posts
Understanding Your Rights to Military Retirement Benefits in a Divorce - July 31, 2023The Top 5 Things You Need to Know about Military Divorce Laws - August 7, 2023
Exploring How Spousal Support is Calculated in a Military Divorce - August 14, 2023
Dividing Assets in a Military Divorce: What You Need to Know - August 21, 2023
What You Need to Know About the Military's Role in Divorce Proceedings - August 28, 2023