Q: How does my deployed son go about getting a divorce?
He got married 2 months ago and now he and his wife want to get divorced. They were married in Georgia(where he was going through AIT) and she lives in Florida, he has lived in NC all his life. Where would they need to file the paperwork? And what does he need to do?
A:
Place of marriage is generally irrelevant. He can file where he resides or is stationed or the wife can file where she lives.
NC requires that the parties live separate and apart with the intent not to be married anymore for a period of one year. So whatever point they decided to call it quits would start the separation period. If your son is stationed in GA he can file there. GA has a 90-day waiting period once your son files.
I can't speak to FL laws but I believe they have a divorce packet like NC. If your son was only married for 2 months, I assume there is no joint assets and no children or other issues. In such case, it might be easiest if your son's wife files there. However, if your son is on active deployment this may pose a problem. He may want to give you a limited power of attorney and let you hire a lawyer for him and file here once he meets the separation requirements.
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