Feb102026
Family Law Q&A Series

Can a contested divorce move forward if the military spouse is deployed or stationed away from home? – North Carolina

Short Answer

Yes—under North Carolina law, a contested divorce case can often be filed and can continue even if a military spouse is deployed or stationed away from home. However, military service can slow the case down because the servicemember may be entitled to a court-ordered pause (a “stay”) if deployment materially affects the ability to participate. The key issues are proper service, the type of claims being pursued (divorce vs. custody/support/property), and whether a stay is requested and granted.

Understanding the Problem

In North Carolina, the question is whether a contested divorce case can still move through the court system when one spouse is on active duty and physically away due to deployment or an out-of-state assignment. The decision point is whether military duties prevent meaningful participation in the case, such that the court must pause certain hearings or deadlines. The issue commonly comes up when one spouse wants the case to proceed in North Carolina district court while the servicemember spouse cannot appear in person.

Apply the Law

In North Carolina, an absolute divorce is available after the spouses have lived separate and apart for one year and at least one spouse has lived in North Carolina for six months. A contested case may also include disputes over custody, child support, postseparation support/alimony, and equitable distribution. Military service does not automatically stop a case, but North Carolina law allows (and sometimes requires) the court to stay a civil case when military service materially affects a servicemember’s ability to litigate. In custody matters involving deployment, North Carolina also has specific rules that favor temporary (not permanent) changes during deployment unless the deploying parent consents.

Key Requirements

  • Proper basis to file in North Carolina: For an absolute divorce, the one-year separation requirement and the six-month North Carolina residency requirement must be met before the court can grant the divorce.
  • Valid service and jurisdiction: The servicemember must be served using a method allowed by North Carolina rules, and the court must have the right kind of jurisdiction for the specific claims (status-only divorce vs. money/property/support orders).
  • Stay analysis for military service: If the servicemember asks for a stay, the court must decide whether military duties materially affect the ability to participate; if so, the court generally pauses the case (or parts of it) during service and for a short period after service ends.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a military family in North Carolina considering a contested divorce while one spouse may be deployed or stationed away. Under North Carolina law, the case can usually be filed and proceed through early steps (filing, service, initial scheduling). If the deployed spouse’s duties make it hard to respond, attend hearings, or work with counsel, the deployed spouse may request a stay, and the court must grant it unless the court finds the ability to litigate is not materially affected. If custody is involved, the court can address parenting arrangements during deployment through temporary orders, with limits on permanent changes made while the deploying parent is absent.

Process & Timing

  1. Who files: Either spouse. Where: North Carolina District Court (typically in the county allowed by North Carolina venue rules). What: A verified complaint requesting absolute divorce (and any related claims such as custody/support/property, if applicable). When: Absolute divorce requires one year of separation and six months North Carolina residency for at least one spouse before the divorce can be granted.
  2. Service and response: The filing spouse must properly serve the deployed or out-of-area spouse. If the servicemember cannot participate because of military duties, the servicemember can ask the court to pause deadlines or hearings through a stay request, and the court will evaluate whether service materially affects the ability to litigate.
  3. Hearings while deployed: Some issues may be handled without in-person attendance depending on the county and the judge (for example, scheduling matters, or testimony by electronic means in certain deployment-related custody proceedings). Other issues may be continued until the servicemember can participate, especially if a stay is in place.

Exceptions & Pitfalls

  • A stay can pause the case: A deployed spouse may be able to stop parts of the case temporarily if military duties materially affect participation. Planning for that possibility can prevent wasted time and repeated court dates.
  • Status-only divorce vs. financial/property orders: Even when North Carolina can grant an absolute divorce, additional claims (support, property division) may require personal jurisdiction and proper service. A case can move forward on one track while other issues move slower.
  • Custody during deployment is usually temporary: North Carolina law allows temporary custody arrangements during deployment and generally prevents permanent custody changes in the deploying parent’s absence without consent, which can affect strategy and expectations.
  • Service problems can derail everything: Improper service can lead to delays or later challenges to orders. Military location changes can make service harder, so documenting diligent efforts matters.

Conclusion

In North Carolina, a contested divorce case can usually be filed and can move forward even if a military spouse is deployed or stationed away, but military service can justify a court-ordered pause if it materially affects participation. Absolute divorce still requires one year of separation and six months of North Carolina residency for at least one spouse. The practical next step is to file a verified complaint in North Carolina District Court and ensure proper service, while preparing for a possible stay request under North Carolina’s servicemember protections.

Talk to a Family Law Attorney

If you’re dealing with a contested divorce involving deployment or an out-of-area duty station, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.