MILITARY IMPLICATIONS FOR DIVORCE RESIDENCY

The general rule is that active duty military service will not operate to deny you or your spouse/partner his or her residence for the purpose of filing any kind of civil case, including divorce.

What this means in practice is that if you or your spouse/partner is active duty (NOT inactive reserve or guard) military and went directly from Orange County to an active duty station in South Carolina or Iraq, you will not lose your Orange County residence. The problem arises when either it is South Carolina, not Iraq, that the military spouse/partner went to and the military spouse/partner assumes residence there and/or the military spouse/partner comes back to South Carolina from Iraq and does not return to Orange County but begins to establish residence there in South Carolina.

If there is doubt about residency, the military spouse/partner should check with his or her legal officer. If the non-military spouse/partner needs to rely upon the military spouse/partner's residence but has doubts or questions about it and has no access to the military spouse/partner's legal officer, s/he should definitely consult a lawyer.