FAQs and Expert Advice for Military Divorces in Durham, NC

Divorce is undoubtedly a challenging process for any couple, but military divorces come with their own unique set of complexities. If you or your spouse are in the military and considering a divorce in Durham, NC, it's important to understand the specific laws and regulations that may affect your case. In this article, we aim to address some frequently asked questions and provide expert advice to guide you through this difficult time.

Can I file for divorce in Durham, NC if I'm in the military but stationed elsewhere?

Yes, you can still file for divorce in Durham, NC, even if you're stationed in another location. The state of North Carolina allows for military members to file for divorce in the county where they or their spouse reside. Alternatively, if both parties agree, they can file for divorce in the county where either of them resides.

How does the military handle the division of assets and property during a divorce?

Military divorces follow both state laws and certain federal regulations. In North Carolina, assets acquired during the marriage are divided based on the principle of equitable distribution. This means that property and assets are divided fairly, but not necessarily equally. The military, however, has its own rules regarding the division of military pensions and benefits, which may differ from state laws. It is crucial to consult with a knowledgeable attorney who specializes in military divorces to understand the specific implications for your case.

Does military service affect child custody arrangements?

Military service can indeed have an impact on child custody arrangements. Frequent relocations, overseas deployments, and long training assignments can pose significant challenges to maintaining regular visitation schedules. North Carolina courts prioritize the best interests of the child when determining custody arrangements. Military service alone does not dictate custody decisions, but it is a factor that the court considers. It is wise to work with an attorney who understands the unique aspects of military life and can present a strong case advocating for your parental rights.

What happens if my spouse is deployed during the divorce process?

If your spouse is deployed during the divorce process, the Servicemembers Civil Relief Act (SCRA) provides certain protections. The SCRA allows military members to request a temporary stay (postponement) of the proceedings if their service materially affects their ability to participate in the divorce case. It's important to discuss these circumstances with your attorney to ensure your rights are protected and to determine the best course of action.

Are military benefits still available to a divorcing spouse?

In most cases, a divorcing spouse will lose their eligibility for military benefits after the divorce is finalized. However, there are certain provisions that can allow for continued access to healthcare benefits and other military privileges. The Defense Enrollment Eligibility Reporting System (DEERS) should be updated to reflect the change in marital status. It is essential to consult with an attorney to understand the specific impact on your benefits and to explore options for healthcare coverage after the divorce.

Where can I find assistance and guidance for my military divorce in Durham, NC?

Military divorces can be complex, requiring a thorough understanding of both state and federal laws. It is highly recommended to seek the counsel of an experienced family law attorney specializing in military divorces. They can provide expert guidance tailored to your unique circumstances and help navigate the legal intricacies to achieve a fair resolution.

Remember, this article should only serve as a general resource and not as a substitute for individual legal advice. Each military divorce case is unique, and seeking personalized professional assistance is crucial to protect your rights and interests.