Can I get a divorce without my spouse's consent in a military divorce?

Yes, you can get a divorce without your spouse’s consent in a military divorce in North Carolina. Under North Carolina divorce law, as long as the active-duty military spouse is a resident of North Carolina or is stationed in North Carolina, then their spouse can file for a divorce without first requiring the consent of the other spouse. When one spouse is an active-duty soldier, they are considered to be a resident of, or stationed in, North Carolina. This is regardless of whether the active-duty spouse is living in, or out of, the state at the time of the divorce proceeding. North Carolina recognizes this status as a form of residence for the purpose of filing for divorce. In addition, North Carolina also allows for an uncontested divorce without the need for a court hearing if the active-duty military spouse does not respond to the divorce filings. This means that if the active-duty military spouse does not challenge the divorce, it can be finalized without their consent. However, it is important to note that any property division, alimony obligations, and child support payments will still have to be arranged and agreed upon with or without the active-duty military spouse’s consent. In other words, a divorce in North Carolina can be finalized without the active-duty military spouse’s consent, but any other arrangements resulting from the divorce must still be negotiated with or without their consent.

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Can I get a divorce without my spouse's consent in a military divorce?

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