Where can I file for divorce?

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Where can I file for divorce?

My husband and I are both active military. I need to know if I can file for divorce in my home state of DE (driver’s license and vehicle registration are from there; I’m a resident). We live in NC where we were. We have never lived in DE together.

Asked on September 12, 2011 under Family Law, Delaware

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  May I first state that I would like to thank you and your husband for your service to our country.  Now, it may be a better thing for you strategically- and it sounds like you are both in agreement as to ending your marriage - to file for divorce in North Carolina.  North Carolina has enacted a provision of the divorce law specifically for military personnel stationed in their state: you are stationed in the state.   Delaware has as well - you or your spouse must reside there or be stationed there - but you are going to have to go there to file and appear, etc.  I would speak with an attorney in your area for some guidance on the matter. Good luck to both of you and please stay safe.    


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