Can I get a divorce while I am deployed?

My husband and I are dual military, no kids, and we have been separated over a year. The only problem is that I am currently deployed and when I am due to return home, he is supposed to deploy. My husband did some terrible things during our marriage to include adultery (which I am not sure I will be able to prove) and spending a very large sum of my money while I was deployed last time. He refuses to pay me back, so I would like to get as much back as possible in the divorce. Would I be able to get all of this done while I am overseas?

Asked on July 17, 2010 under Family Law, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am very sorry for your troubles.  Are you both residents of North Carolina?  Then you or your Husband can start an action for divorce.  You have to be able to support grounds for divorce.  There are "fault" grounds such as adultery, etc., and a "no-fault ground" allowing you to live separate and apart for one year.  That generally means separate residences.  If one of you files as the petitioner the other can usually file paperwork consenting to or waiving service of the petition for divorce and consenting to jurisdiction (thereby allowing the Judge to grant the divorce).  North Carolina also recognizes separaetion agreements.  The best thing for you to do is to go and see an attorney in your area when yu are back home.  He or she will best be able to look at your aituation (which includes your assets) and see what will work best for you.  Good luck and thank ou for your service.

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