What is a no-fault divorce in the military?

A no-fault divorce is a type of divorce in the military that is based on the idea that neither party is at fault for the marriage not working out. This means that the spouses do not need to prove any fault, such as adultery or neglect, when filing for divorce. In North Carolina, a no-fault divorce can be granted if either spouse has lived separate and apart for at least one year and one party files a divorce complaint. In the military, this becomes tricky because a service member is not always in the same state as their spouse. The military provides its own options when it comes to no-fault divorce. For instance, they can acknowledge the separate life by allowing the parties to have separate residences, or the commanding officer can give permission to live separately with the same effect as a no-fault divorce. Additionally, the military member can file an Affidavit confirming they have been living apart from their spouse for one year prior to filing the divorce complaint. A no-fault divorce is beneficial for couples as it allows them to get a divorce without having to go through the process of proving fault for the dissolution of the marriage. It also has the effect on the military service members that their service record will not be adversely affected by the no-fault divorce. It is important to know the laws in the state where the service member is stationed and also to find an experienced attorney to help navigate the complexities of a military divorce.

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What is a no-fault divorce in the military?

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