Are there any special considerations for filing for a military divorce as a civilian?

When a civilian and a military service member file for divorce in North Carolina, there are several special considerations for the civilian spouse. The first consideration is that the service member may not be able to appear in court due to their duties. Under the Servicemembers Civil Relief Act, military personnel have the right to postpone court proceedings while they are actively serving. This means that the civilian spouse may not have the opportunity to speak with their spouse or even present their case before a judge. Correspondingly, the service member’s income from the military can impact the financial aspects of the divorce. Under North Carolina law, a service member’s military income is typically protected from alimony or child support payments. This means that the civilian spouse will likely receive a much lower settlement than what they would have if the military service member was not on active duty. Finally, a civil court judge may not be able to enforce certain military regulations. This means that a judge may not be able to order a service member to comply with a court-issued settlement regarding military annuities or other benefits. In this case, the civilian spouse may have to make attempts to contact the service member’s branch of the military to get assistance. It is important for any civilian spouse considering filing for a divorce from a military service member to seek legal advice from a family law attorney. A lawyer can help the spouse navigate the complex considerations and protections surrounding a military divorce in North Carolina.

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Are there any special considerations for filing for a military divorce as a civilian?

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