Navigating A North Carolina Military Divorce
Ending a marriage when one or both spouses are part of the military can be more complicated than a regular divorce. There are certain factors involved with military divorces that can impact issues around property division and child custody. If you or your spouse is an active military member, it’s important to know how this process works before you proceed with your divorce.
Our experienced military divorce lawyers at Ellis Family Law, P.L.L.C., can help. We have represented many military members going through a divorce throughout the Triangle area from our offices in Durham, Pittsboro and Wake Forest, and we can guide you through this difficult process as well.
Requirements For A Military Divorce
Like with any North Carolina divorce, there are certain requirements you must meet when filing for a divorce. For military divorces:
- Either the military service member or their spouse must live or be stationed in North Carolina for at least six months.
- Any military personnel on active duty must be served with a divorce complaint.
If you are away from home on active duty and you are served with a divorce complaint, you are protected under the Servicemembers’ Civil Relief Act (SCRA), which prevents the courts from making any default decisions about your divorce while you are unavailable. SCRA also allows for extension periods of up to 90 days from your active duty release date to respond to a complaint.
Property Division In Military Divorces
For the most part, property division functions the same for military divorces as with any other divorce. North Carolina follows the equitable distribution model, meaning each spouse should receive a fair but not necessarily equal division of all marital assets. This includes your home, finances and other marital property.
When it comes to certain military benefits such as a military pension, a nonmilitary spouse is entitled to a portion of those benefits due to the Uniformed Services Former Spouses’ Protection Act (USFSPA). The USFSPA covers military pensions, retirement pay, health benefits and commissary during a divorce. If you’re a military member and you’re worried about your spouse receiving a portion of these benefits, you should consult with an attorney who can help you protect your assets.
Military Divorce And Child Custody
Child custody may be one of the most complicated parts of military divorces as an active duty spouse may be deployed for certain periods of time. There’s a common myth that military service members don’t get custody, but that’s not the case. It is possible to have custody of your child as military personnel, and our attorneys can help you navigate this process.
Courts consider multiple factors when awarding custody, not simply whether one parent is active duty. While that will certainly be considered, they also prioritize the best interests of the child, which often includes the involvement of both parents in the child’s life.
Custody can be awarded in different ways. You can have joint legal and physical custody of your child; however, if you are deployed for active duty, your co-parent may be granted sole physical custody during your absence. Once you return, the custody arrangement will return to normal or can be revised further if necessary.
As a parent, you likely want to provide a stable and nurturing environment for your child. You deserve to be a part of your child’s life even if you’re not physically available due to your service. Our attorneys can help you protect your parental rights and seek a custodial agreement that is favorable for you and your child.
Contact Us Today To Learn More
Military divorces have their own set of unique rules and complications. To fully understand how your or your spouse’s military status may impact your divorce, it’s best to speak with an experienced military divorce attorney.
Call us at 919-944-4811 to schedule a consultation or email us online. We have offices in Durham, Pittsboro and Wake Forest.