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Special Issues In Military Divorces

| Jan 9, 2020 | Divorce

Going through a divorce is difficult enough, but if yours is a military divorce, you will likely face unique challenges. For instance, deployments, living apart from one another, frequent moves, and the other sacrifices that often accompany life in the military can all wreak havoc on one’s marriage and make divorce that much more complicated. Further, there are additional legal challenges that you will likely encounter. If you are facing a military divorce, it’s time to consult with an experienced Raleigh divorce lawyer.

Filing for a Military Divorce

Because military couples often live in different locations, they can face challenges regarding where they should file for divorce in the first place. There are three options when it comes to filing, and they include:

  • You can file in the state where either you or your spouse has legal residency.
  • You can file in the state where the spouse who is a service member is stationed.
  • You can file in the state where the spouse who is a service member claims residency.

When it comes to divorce, every state has its own ground rules for filing. In North Carolina, one of you must have been a resident of the state for at least six months, and you must have been separated from one another for at least a year before you can file for divorce. However, in the case of a military divorce in North Carolina, you must only have been stationed at and lived on a military base in the state for six months prior to filing.

Calculating Child Support

Every military branch other than the Air Force has its own guidelines regarding the payment of child support after filing for divorce and before the state issues a child support order. This calculation is based on the service member’s base pay, the Basic allowance for Housing, Basic Allowance for Subsistence, and any additional pay earned.

Active Duty Can Make a Difference

If you are filing for divorce and your spouse is active duty, he or she is protected by The Servicemembers Civil Relief Act (SCRA), which allows active-duty servicemembers to file a stay to delay divorce proceedings. The intention behind this act is to allow service members to remain focused on their military work and to allow them time to deal with their domestic problems when they are better equipped to do so.

Seek Professional Legal Guidance

If you are going through a divorce, it is always in your best interest to seek the professional legal counsel of an experienced divorce attorney, but if yours is a military divorce, it is that much more important. There is a Judge Advocate General’s Corps (JAG) in place to help service members and their families with legal concerns, but the officers don’t typically have extensive experience in family law – they also cannot prepare and file your necessary legal documents or represent you in court.

If You Are Facing a Military Divorce, You Need an Experienced Raleigh Divorce Lawyer on Your Side

Every divorce is complicated, but a military divorce comes complete with its own unique issues. If you are going through a military divorce, the experienced and compassionate divorce lawyers at Daphne Edwards Divorce & Family Law in Raleigh are committed to skillfully advocating for your case’s most positive resolution. Our dedicated legal team is here to help, so please don’t hesitate to contact or call us at 919-891-8552 for more information today.