Military Divorce in North Carolina

A service member in uniform removing a wedding ring, representing military divorce in North Carolina.

Military marriages face unique challenges, and when those marriages come to an end, the legal process can be more complicated than a typical divorce. At Charles R. Ullman & Associates, our Raleigh firm is dedicated exclusively to family law. With more than 25 years of experience and led by a North Carolina State Bar-certified Family Law Specialist, we provide clear guidance to military families navigating divorce.

Our team understands the sacrifices that service members and their families make. When you are dealing with issues of child custody, property division, or military pension benefits, you need knowledgeable counsel who knows how military divorce laws in NC apply to your situation.

Understanding Military Divorce in NC

Military divorce in NC refers to the legal dissolution of a marriage in which one or both spouses are active-duty service members, veterans, or retired military. Unlike civilian divorces, these cases must account for federal laws and protections specific to the military, in addition to state divorce laws.

For example, the Servicemembers Civil Relief Act (SCRA) can delay divorce proceedings if a service member is deployed or unable to appear in court. Additionally, rules surrounding retirement pay, healthcare benefits, and survivor benefits introduce added layers of complexity.

Because of these factors, it is crucial to collaborate with a military divorce lawyer in Raleigh, NC, who is familiar with both the civilian court system and the federal statutes that impact military families.

Residency and Jurisdiction Requirements

A critical question in any divorce is where the case can be filed. For military divorce in NC, jurisdiction often depends on the following:

  • Where the service member is stationed
  • The legal residence of either spouse
  • Where the couple last lived together as husband and wife

North Carolina allows a divorce to proceed if at least one spouse has lived in the state for six months prior to filing. However, for military families, residency rules may be complicated if a service member is stationed out of state but claims North Carolina as their home of record.

Sorting out residency and jurisdiction early ensures that your case proceeds in the right court. An experienced attorney from our firm can confirm whether North Carolina is the proper venue for your military divorce.

Division of Military Pensions and Benefits

One of the most significant issues in military divorce is dividing retirement pay and related benefits. Under the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts can treat military retirement pay as marital property, subject to division between spouses.

How much a spouse may receive depends on several factors, including the following:

  • Length of the marriage
  • Length of military service
  • Overlap between the marriage and service

In addition, former spouses may qualify for continued healthcare coverage under the 20/20/20 rule (20 years of marriage, 20 years of military service, and 20 years of overlap). Spouses who do not meet this threshold may still be eligible for temporary benefits. Survivor Benefit Plan (SBP) elections, GI Bill transfers, and other entitlements may also be applicable.

Because these rules are highly technical, mistakes can result in the permanent loss of valuable benefits. Our firm works carefully to ensure military pensions and benefits are adequately addressed in settlement agreements and court orders.

Common Challenges in Military Divorce

Military divorce laws in NC present a number of unique challenges, including the following:

  • Deployment and Scheduling Issues – A spouse may be overseas or subject to unpredictable duty assignments, making custody schedules difficult.
  • Child Custody and Relocation – When a parent is reassigned to another state or country, disputes may arise over parenting time and decision-making authority.
  • Jurisdictional Conflicts – Questions about where to file can delay cases if not handled correctly.
  • Division of Benefits – Misunderstandings about the 10/10 rule (10 years of marriage overlapping with 10 years of service for direct payment from DFAS) or the 20/20/20 rule often create disputes.
  • Emotional Stress – The demands of military life already place pressure on families. Divorce adds another layer of strain that can affect children and co-parenting relationships.

Each of these issues requires a lawyer who not only knows the law but also respects the realities of military life.

Steps to Take if You’re Considering Military Divorce in NC

If you are thinking about divorce, the following steps can protect your rights and put you in a stronger position:

  • Learn About Your Benefits – Understand how retirement pay, healthcare, and survivor benefits might be impacted.
  • Document Your Circumstances – Keep records of deployments, household contributions, and financial agreements to ensure transparency and accountability.
  • Consider Your Children – Consider realistic custody arrangements that accommodate the demands of military life.
  • Seek Trusted Legal Advice Early – A military divorce lawyer in Raleigh, NC, can explain your options and help prevent costly mistakes.

While you may feel pressure to resolve things quickly, rushing without proper guidance can result in the loss of rights you cannot later regain.

Why Work with a North Carolina Military Divorce Attorney?

Military divorce in NC is one of the most complex areas of family law. Working with a knowledgeable attorney is essential for several reasons, including the following:

  • Experience – Our firm has more than 25 years of experience handling divorces for military families across North Carolina. Charles Ullman is a North Carolina State Bar-Certified Family Law Specialist, a credential that reflects rigorous training and proven competence.
  • Focused Practice – We handle only family law matters, giving our clients the benefit of a concentrated practice dedicated to divorce, custody, and related issues.
  • Compassionate Approach – Divorce is never easy, but it can be especially challenging for military families who have already sacrificed so much. Our firm emphasizes fairness and understanding in every case.
  • Proven Results – Many former clients have shared their positive experiences.

Choosing the right lawyer means having someone who can balance the demands of state law, federal military protections, and the personal realities of your family.

Contact Our Military Divorce Lawyers in Raleigh Today

Military divorce laws in NC require careful attention to detail, knowledge of federal statutes, and sensitivity to the realities of military life. Whether you are a service member or the spouse of one, you deserve an advocate who understands what is at stake.

At Charles R. Ullman & Associates, we stand ready to protect your rights, your children, and your future. If you are facing a military divorce in NC, do not wait until mistakes are made or benefits are lost. Call us today at (919) 829-1006 or contact us online to schedule a confidential consultation with a military divorce lawyer in Raleigh, NC.

About 

Charles Ullman & Associates provides you respected, experienced and knowledgeable divorce and family law attorneys. You can trust us to help you through the legal process efficiently and effectively so you can transition to the next phase of your life. Our community involvement reaches beyond charitable support of important causes. We launched our own movement in Fraternities4Family and provide scholarships to able students in need.