What if I am military and out of state?
A divorce must be filed where either the spouse seeking the divorce or the other spouse resides. Though a member of the armed forces may be deployed outside the state of North Carolina, the service member still must have residency in the state to file for a divorce here. Being registered to vote in North Carolina, having a North Carolina driver’s license and/or paying state taxes help demonstrate permanent residency within the state.
If the out-of-state service member is the defendant in a divorce proceeding, there may be special considerations that waive the requirement to serve them overseas.
Under the Soldiers’ Civil Relief Act (SCRA), active duty members of the U.S. military who are defendants in a divorce may request a stay of the proceedings while on active duty or for a short period after returning from active duty.