Divorce

The law regarding divorce can be found under Chapter 50 of the North Carolina General Statutes. Divorces can range from uncontested, fairly easy filings to complex and procedurally challenging. Depending on your situation, you may wish to have an attorney assist you. For instance, if you had purchased a home during the marriage, need support from the other spouse, have children, or have a signed separation agreement, then you should consider retaining a domestic litigation attorney.

In North Carolina, the legal process for military divorce and civilian divorce share many similarities, as both must comply with the same state laws regarding equitable distribution, child custody, alimony, and child support. However, there are key distinctions in military divorces that stem from federal laws and the unique nature of military service, which can significantly affect how a divorce is handled and the rights of the parties involved.

One of the most significant differences in military divorce is the application of the Servicemembers Civil Relief Act (SCRA). This federal law allows active-duty service members to postpone or delay divorce proceedings if their military duties prevent them from participating in the case. This can prevent a default judgment and gives the service member time to respond adequately to court filings. In contrast, civilian parties to a divorce do not have this type of statutory protection unless granted by the court for other reasons.

Another important distinction is the division of military pensions and benefits. While North Carolina follows the principle of equitable distribution, the Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how military retirement benefits are divided. Under this federal law, state courts can treat military retirement pay as marital property, but certain conditions must be met for direct payments from the Defense Finance and Accounting Service (DFAS). For example, the couple must have been married for at least 10 years during which the military member performed 10 years of creditable service (the “10/10 rule”).

Additionally, issues such as child custody and visitation can be more complex in military divorces due to frequent relocations and deployments. North Carolina courts consider the best interests of the child in custody determinations, but they may also incorporate parenting plans that account for military-related absences, which isn’t typically a concern in most civilian divorces.

If you need an attorney, please make an appointment for a free consult.