Military Divorce in NC – Your Questions Answered
Divorce is difficult, emotionally taxing and involves a lot of paperwork. When there are children involved, it gets even more complicated. If you serve our country in the United States military, this process becomes even more difficult. Military divorces can be subject to more than one jurisdiction, as well as both state and federal law.
Following are some of the most common questions our attorneys hear about military divorce in North Carolina, with our answers.
Is there a difference between military divorce and traditional divorce?
Military divorce and civilian divorce are mostly similar, with a few important exceptions. For civilian couples to file for divorce in North Carolina, one spouse must have been a resident for at least six months, and the couple must have been separated for at least one year.
In the case of a military divorce, the residency requirement includes a spouse who is stationed at a military base, like Camp Lejeune, Fort Bragg, New River Air Station or Pope Air Force Base. Where you decide to file for divorce is important, because the laws of that state will determine the court’s decisions regarding alimony, custody and child support, and property division.
My spouse is in the military and we’re getting divorced. How is property divided?
You and your spouse can divide your property according to North Carolina equitable division laws. However, spouses of service and military members may also be eligible for benefits under the Uniformed Services Former Spouses’ Protection Act (USFSPA). The USFSPA is legislation that allows spouses of servicemembers to claim a portion of their spouse’s retirement pay as marital property, subject to distribution.
A spouse typically is not eligible for USFSPA payments unless they have been married 10 years or more, and while the spouse was on active duty.
If I get transferred to another base, what happens to my custody agreement?
Federal law has protections in place for deployed parents facing child custody and visitation hearings, or from any permanent changes being made to a current custody agreement. The North Carolina Uniform Deployed Parents Custody and Visitation Act (UDPCVA) is legislation that prohibits the court from using a parent’s deployment history as the sole factor for making child custody decisions. It also provides an expedited process for servicemembers to handle custody and visitation issues when a parent is about to be deployed.
If parents make a temporary custody agreement while one is deployed, the UDPCVA also provides protection from the other parent making any permanent changes without permission.
Why do I need a military divorce attorney?
The process of military divorce – whether one spouse or both spouses are in the military – is complex. Although it mirrors traditional divorce, the differences are important ones. An attorney experienced in military rules and processes can help you navigate the complex laws regarding marital property and child custody and visitation rights. Further, every military couple has unique circumstances that should be taken into consider when drafting a divorce agreement.
At Epperson Law Group, PLLC, our divorce attorneys understand the state and federal laws governing military divorces and family matters. Call us in Charlotte, Boone, Concord, or Weddington at 704-321-0031, or visit our contact page, and schedule your consultation.
Epperson Law Group, PLLC, is guided by a commitment to helping clients achieve favorable results in an efficient manner. Our Charlotte divorce and family law attorneys work with clients every day who face a range of divorce, custody, and other family law issues. We are equipped to help you appropriately resolve some of the most important legal matters you will ever need to address. We invite you to learn more about our team.