Military Divorce

The Raleigh, North Carolina area is home to a large number of active-duty military personnel. For some service members, it will become necessary to file for divorce while living in the area. Military divorces share many similarities with the divorce process for civilians. However, there are a number of notable differences.

Additional Legal Counsel
Legal aid is available to all active-duty military personnel free of charge. However, it will still be necessary to hire a divorce attorney in the civilian world to represent your interests in divorce court.

Extended Response Period
Typically, a partner has 30 days to respond once divorce papers are filed. This period is extended to 90 days for military personnel. The responder must request the extra time in writing and show proof that military service is why the extra time is needed. Multiple 90-day extensions can be filed but the court will not allow this as a tactic to intentionally delay the divorce proceedings.

Filing Location
Military families move a lot. This can complicate divorce proceedings when both spouses do not call the same area home. Laws pertaining to divorce are slightly different from one state to another and the outcome of the divorce can be quite different depending on where the divorce is filed. A filing for divorce in North Carolina can occur only after one spouse has lived in the state for six months and the couple has been separated for a full year.

Division of Property and Benefits
Equitable distribution is the method North Carolina divorce courts use to divide marital property. This means the court will divide property in a way that is deemed fair but not necessarily equal. The Uniformed Services Former Spouse Protection Act also details military rules governing the division of military benefits and pensions. These are complex matters that divorcing parties should discuss with Raleigh family law attorneys.

Get the Help You Need

Military personnel who call the Raleigh, North Carolina area home should put their trust in a family law firm in Raleigh. The Raleigh family law attorneys who work for Fresh Start Family Law possess both the knowledge and skill to make your divorce process move along as smoothly as possible. Individuals in North Carolina who need a family law firm in Raleigh can reach Fresh Start Family Law at (919) 809-8276.