If you or your spouse is in the military, there are certain federal and state laws that make military divorces different than civilian divorces. The same requirements that civilian couples must meet when filing for divorce also must be met when service couples divorce, but other factors and laws may affect their divorce proceedings.
Military Divorce Laws
Both federal and state laws exist concerning a divorce between couples in which one member is a member of the military. Examples include:
- The federal Soldiers and Sailors Civil Relief Act allows divorce proceedings to be postponed during active service duty and up to 60 days after duty has ended.
- Certain laws prevent military members from being held in default for failing to respond to a divorce action in order to protect active military from being divorced without knowing it.
- Spouses of military members are not eligible for any of the service member’s retirement unless they have been married for at least 10 years while the spouse has been in active duty.
- For a North Carolina divorce court to have jurisdiction over the active service member, he or she must be served a summons and a copy of the divorce proceedings personally.
- In North Carolina, the military spouses’ child support and alimony payments may not exceed 60 percent of his or her pay and allowances.
Military divorces come with increased difficulties because of the emotional issues each spouse must deal with during their forced separation.
Contact a Raleigh Divorce Lawyer
Any divorce can be difficult and legally complex. For help protecting your rights during divorce, contact the Raleigh divorce lawyers of Marshall & Taylor PLLC by calling (919) 833-1040.