Charlotte Divorce Lawyer Blog
Divorce When One Spouse is in the Military
Divorce can be a difficult and daunting experience, but it can be even more complicated when one or both spouses are in the military. Those in the military generally move around quite often and therefore need to know the rules and laws and how they apply specifically to military families. Military spouses need to know the residency requirements and other rules that apply to divorce. A knowledgeable divorce attorney will help guide you through the divorce process.
Residency Requirements
Typically, a couple files for divorce where they reside. For military couples, this is not always that simple. A military couple may be temporarily located in one place while they were married in another, and may own property in yet another place. Usually, one party must have resided in North Carolina for six months prior to seeking a divorce. However, the law is more flexible for members of the military. Therefore, it is generally best to file for divorce in the jurisdiction where you currently reside.
Separation Requirement
North Carolina requires couples seeking a no-fault divorce to live apart for a period of at least one year before they may file. The separation period begins when parties begin to reside separately with the intent to divorce. Simply being deployed does not meet the requirement for separation. Parties need to live apart with the intention of getting a divorce. If a couple gets back together, the separation period ends, and it must be restarted if you subsequently decide to end your marriage.
Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) is a federal law that applies to members of the United States military. The law provides protection for those who are active military members. The law is in place to address lending and lease issues, but it also addresses civil litigation. Specifically, the law protects a member of the military from being penalized if they are unable to participate in legal matters due to deployment. Legal matters need to be put on hold until the party is able to attend the proceedings. This includes child support hearings.
Division of Military Benefits
When couples divorce, they are required to divide their marital property equitably. Both spouses are entitled to equitable portions of their assets. However, dividing military benefits can be somewhat trickier. You must review the various benefits, such as retirement pay, health care, exchange privileges, and commissary benefits.
A spouse’s retirement pay may be divided according to the Uniformed Services Former Spouses’ Protection Act (USFSPA). The 10/10 rule provides that a spouse has the right to their portion of retirement if the service member has 10 years of service and the marriage has lasted at least 10 years. A spouse may also be able to seek military healthcare coverage as part of a divorce settlement.
Divorce with a military member is certainly more complex than a typical divorce. Our experienced divorce attorneys are here to help guide you through the process. Contact our attorneys at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.law.cornell.edu/uscode/text/10/1408
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