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Can I file for a divorce while my husband is stationed overseas (Germany) and I am living in the US?

Spring Lake, NC |

We have been married for less than three months. Marriage is being resolved due to infidelity. Husband has admitted to having an ongoing relationship with another party before and during our marriage. There are no mutual children. We are both military but legal residents of Georgia.

Attorney Answers 2


  1. Yes. You need to file in Georgia if that is where you are a resident of. Furthermore, if he is in agreement, which it sounds like he is. You may be able to proceed by default, given he is properly served, which you should check with a Georgia attorney on, AS WELL as a military legal adviser. I would assume, from experience, that military legal can assist in service.

    Best if luck, sorry this happened, and I hope this information was HELPFUL.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX


  2. Even though your state of legal residence is GA, if you are in the military and have resided in NC for 6 months or been stationed at a military base in NC for 6 months or have been in NC pursuant to military orders for 6 months, then you meet NC's residency requirement to file a divorce here. But, in NC you have to live separate and apart for one full year before you can file for divorce, so that is something to consider when deciding whether to file here.

    Legal disclaimer: Rebecca Watts is licensed only in the state of North Carolina. This response does not constitute legal advice and does not create an attorney-client relationship. This response is only intended to provide general information and there may be other facts relevant to the issue which were not disclosed by the questioner and which would affect the answer. For specific legal guidance, the questioner should confer with an attorney about the specifics of his or her matter.

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