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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26847
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I have been married to a soldier (right now an LTC promotable)

Resolved Question:

I have been married to a soldier (right now an LTC promotable) for 15 1/2 years and want a divorce. NC requires a one year physical separation. We live in military housing. Am I able to remain in post housing during our separation or do I have to leave once he is now longer residing here?
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

If you are pursuing a "no fault" divorce (so you are no alleging fault like adultery) then as you are correct, NC law requires that "husband and wife have lived separate and apart for one year."

There is not exception for this requirement.

So you can not live together and file for a no fault divorce...at least not if you are filing in NC.

Now...if either of you have maintained your state of residence other than NC (for example, if you have residence in CA and maintained that despite the move to NC, as allowed by the Service Members Civil Relief Act) you can file in CA immediately.

But if you are NC residents, and filing in NC, you need to have lived separate and apart for one year before you can file

Customer: replied 1 year ago.
Actually we are both Florida residents but have been here in NC for five years. However the question I really wanted an answer to is....can I remain in on post housing during our separation?
Expert:  P. Simmons replied 1 year ago.
Perhaps...but only if he can get permission. The rules that govern family housing is that it is designed for families to live in.

if the plan is for him to move out, he would need to get permission from the base commander to allow you to remain in base housing

Under the rules that apply to family housing, the base commander has the final say on base housing questions. So the base commander could approve this.

But your spouse would need to make the request.

If the request is not approved, he would be eligible for BAH (housing allowance) and under the rules that govern entitlement, you would be eligible for a portion of that money (for support)

But to answer the question, is it possible for him to move out, and you remain in housing? Sure...IF, and that is the key, IF the commander approve the request.

P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26847
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
P. Simmons and 2 other Military Law Specialists are ready to help you

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