1. How long do I have to be stationed in North Carolina to get a divorce in North Carolina?
If you are not already a regular North Carolina resident then you must have resided in North Carolina at least six months before the divorce is filed if either spouse has lived in or been stationed in North Carolina while in the U.S. Army, Navy, Marine Corps, Coast Guard or Air Force installation or reservation. It does not matter if you were married in another state U.S. territory, or country.
2. Does North Carolina recognize same-sex marriage?
Yes.
3. Can I change my name?
You can apply for resumption of former maiden name in either the lawsuit, or the counter lawsuit (called answer and counterclaims), and upon approval by the Judge , the order allowing resumption of former maiden name will be included in the divorce judgment. The other side may not motion the court to have your name changed back to the maiden name.
4. What are the grounds for absolute divorce in North Carolina?
There are two grounds to file for the absolute divorce in North Carolina. One is being separated for at least one year plus one day with the intent to end the marriage and remaining separate and apart for that full year plus one day. The other ground is where spouses have lived separate and apart for three consecutive years without cohabitation, and are still so living apart by reason of incurable insanity of one of them. The sane spouse is the one who may petition the court for the divorce based on incurable insanity.
5. Is a “divorce from bed and board” an actual divorce?
No. This is known as a “fault-based action” and is a court based decree of legal separation. It is used by one spouse to remove the other spouse from the residence. It does not dissolve the marriage and neither party is free to remarry. Certain conditions can warrant or provoke this action such as:
- Abandonment
- Domestic abuse
- Intolerable behavior/indignities
- Drug or alcohol addiction
- Cheating/adultery
Further legal details can be found in North Carolina General Statute 50.7.
6. When is an annulment an option?
Only in very special circumstances. Common basis of annulments include : one spouse was still married at the time of the current marriage, coercion, duress, incapacity to enter into the marriage are just some of the examples of the basis to annul a marriage.
Get Answers Now
As an experienced military divorce lawyer serving servicemen and servicewomen in Fort Bragg and throughout North Carolina I can answer all of your North Carolina military divorce questions. Call me, Fayetteville attorney Bryce D. Neier toll free at (910) 423-5000 or send me an email to arrange a consultation.