Are there any special provisions for military personnel filing for a divorce?

Yes, there are special provisions for military personnel filing for divorce in North Carolina. The Servicemembers Civil Relief Act (SCRA) provides active-duty service members with certain protections, such as placing a temporary stay on civil proceedings, including divorce proceedings. This means that if a service member is deployed and cannot be present for their divorce proceedings, the court can delay the proceedings. In addition, North Carolina laws allow for military personnel to opt out of having to pay alimony if they have been separated from their spouse for at least one year and are facing deployment. This means that instead of having to pay alimony, the service member could provide other forms of support, such as paying for their spouse’s health care coverage or providing a sum of money in lieu of alimony. Additionally, North Carolina courts recognize military pensions, including the Survivor Benefit Plan, as marital property. This means that the courts can award a portion of the pension to the non-military spouse. Finally, North Carolina courts treat active-duty service members the same as other civilian spouses when it comes to child custody and visitation schedules. This means that the service member’s service-related obligations, such as deployments or extended training, will be taken into account when determining custody and visitation orders. Overall, North Carolina laws provide certain special provisions for military personnel filing for divorce, including the ability to opt out of having to pay alimony, recognizing certain military benefits as marital property, and considering service-related obligations when determining child custody and visitation orders.

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Are there any special provisions for military personnel filing for a divorce?

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