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Military Divorce

Personalized Strategies for Military Families

At the Law Office of Nathan Earwood, we understand that military divorce is more than just a legal matter—it’s a deeply personal journey. Whether you’re stationed at a nearby base or navigating life as a military spouse, our team of experienced military divorce lawyers is here to guide you through every step. With over 90 years of combined experience and hundreds of 5-star reviews, our attorneys have the expertise and compassion you need to secure the best outcome for your future.

If you are navigating a military divorce, we will help you protect your rights, prioritize your family, and work toward the best possible outcome for your unique situation.

Why Choose the Law Office of Nathan Earwood?

When you choose the Law Office of Nathan Earwood, you’re not just hiring a military divorce lawyer—you’re gaining an advocate who understands the complexities of military life and North Carolina family law.

  • Unmatched Experience: With 90 years of combined legal experience, we bring unparalleled knowledge to every case.
  • Proven Results: Hundreds of 5-star reviews reflect our commitment to client satisfaction.
  • Convenience: Choose from in-person, virtual, or phone consultations to suit your needs.
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Military Divorce: What You Need to Know

What Makes Military Divorce Different?

Military divorce follows many of the same North Carolina laws as civilian divorce, but it also includes specific federal protections and challenges. Here’s how it’s unique:

Residency Requirements Are Flexible for Service Members

In North Carolina, one spouse must have lived in the state for at least six months to file for divorce. However, for service members stationed in the state or under government orders to live here, the law allows exceptions to this requirement.

Unique Protections for Service Members

Laws like the Servicemembers Civil Relief Act (SCRA) ensure active-duty service members cannot be penalized or default on legal matters like divorce or child custody while deployed or unreachable.

Dividing Military Pensions and Benefits

Military pensions are governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the “10/10 Rule,” which allows the government to pay a portion of the retirement benefits directly to an ex-spouse if:

  • The marriage lasted at least 10 years.
  • 10 of those years overlapped with military service.

Custody Issues for Mobile Families

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) helps establish which state has jurisdiction for child custody when families frequently move due to military orders, reducing conflicts and confusion.

How We Can Help You

Personalized Strategies for Military Families

Every military divorce is unique, which is why we take the time to create a strategy tailored to your specific situation. We’ll handle:

  • Serving Divorce Papers: Whether your spouse is stationed locally or deployed, we ensure the process is completed lawfully.
  • Child Custody & Support: We help protect your parental rights and secure fair support arrangements.
  • Pension Division: Our attorneys will help you navigate the complexities of dividing military retirement benefits.

Proven Results, Trusted Representation

Our firm has helped countless clients in Asheville, Waynesville, Sylva, Franklin, and Robbinsville. With hundreds of satisfied clients and glowing reviews, we are proud to be a trusted partner for military families in western North Carolina.

What to Expect During Your Consultation

During your initial consultation, we’ll:

  1. Listen to Your Concerns – Share your story, and we’ll listen with empathy and understanding.
  2. Review Your Options – Learn about your rights and responsibilities under North Carolina and federal law.
  3. Develop a Plan – Together, we’ll outline the steps to achieve your goals and bring clarity to your next steps.

Schedule your virtual, phone, or in-person consultation today to get started.

Frequently Asked Questions

Can I file for divorce in North Carolina if I’m stationed here temporarily?

Yes, service members stationed in North Carolina under military orders can file for divorce here, even if they do not meet the typical six-month residency requirement.

Can I serve divorce papers to my spouse if they are deployed?

Yes, but the process can be challenging. Divorce papers must be served in person, and the SCRA provides protections for active-duty members who cannot respond due to deployment. Our attorneys will help navigate this process.

Will my ex-spouse receive part of my military pension?

Under the “10/10 Rule,” if you were married for at least 10 years, and 10 of those overlapped with your military service, your ex-spouse may receive direct payments from your pension. Even if you don’t meet these requirements, a court may still divide the pension during property distribution.

Can I keep my military health insurance after the divorce?

To retain full military health insurance after a divorce, the “20/20/20 Rule” must be met:

  • 20 years of marriage.
  • 20 years of military service.
  • 20 years of overlap between the two.

Without meeting this requirement, you may qualify for temporary health coverage.

How can I enforce child or spousal support if my ex-spouse refuses to pay?

You can file a complaint with their commanding officer, who may take disciplinary action. However, only a court can enforce unpaid support through wage garnishment or other methods.

Do I need a military divorce lawyer?

Yes, military divorce laws are more complex than civilian divorce. An experienced military divorce lawyer understands the intricacies of federal protections and benefits and can help you avoid costly mistakes.

Don’t navigate the complexities of a military divorce alone.

We serve clients throughout western North Carolina from our offices in Asheville, Waynesville, Sylva, Franklin, and Robbinsville. We also offer virtual, in-person, and phone consultations, making it easier than ever to get the legal help you need.

Contact the Law Office of Nathan Earwood today at 828-354-4300 or fill out our online contact form to schedule your consultation.

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