Are there any special considerations for overseas military divorces?

Yes, there are special considerations for overseas military divorces in North Carolina. For starters, the state provides special protection to military personnel who are in active-duty status and reside abroad. The military member is allowed to invoke the “Servicemember’s Civil Relief Act” (SCRA) which protects service members from being sued or facing other legal action in North Carolina while on duty and away from the state. In addition, because of the specialized nature of military divorces, the courts may not be able to issue rulings or enforce orders properly in the absence of the military member. Therefore, if the spouses live in different countries, or if one spouse is overseas, the court must look at the facts, the military service restrictions, and the current state of affairs before it can issue a ruling. North Carolina law also provides a number of special provisions for military spouses who are stationed overseas. Specifically, military members can file for divorce in any of the locations where they are stationed. Service members can also request for waiver of personal appearance in a divorce or other proceeding, which is especially beneficial if the service member is unable to return to the state due to military obligations. Lastly, there are statutes in North Carolina that address issues regarding military retirement pay and lump-sum death benefits. In conclusion, there are special considerations for overseas military divorces in North Carolina. Service members and their spouses must ensure that the proper laws and regulations are followed to ensure that the legal process is handled properly.

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