Orange County Military Divorce Lawyer
Serving Chapel Hill, Durham, Mebane, Carrboro & Hillsborough
Does divorce seem like an unavoidable part of your future? If you or your spouse is a member of the armed forces, some special rules and regulations apply to a military divorce that you should be aware of. Browner Law, PLLC is proud to serve those who serve our country. With nearly two decades of experience, our Orange County military divorce lawyer has the necessary knowledge and skills to help you navigate every stage of ending your marriage.
Call (919) 887-8662 today for skilled legal representation!
Divorce Proceedings for Military Members & Their Spouses
Since military courts do not handle divorces, a military couple will need to file for divorce in the state court. Although each branch of the military provides U.S. service members and their spouses with legal assistance attorneys free of charge, these lawyers cannot represent you in divorce court. You will need to hire a civilian divorce attorney to help you through the mediation and, if necessary, trial process.
Uniformed Services Former Spouse Protection Act (USFSPA)
All divorce proceedings involve a division of property. Since North Carolina is an equitable distribution state, the court will divide the marital property according to what they believe is fair, not necessarily equal. Due to complex laws about military pension and retirement benefits, some unique challenges arise for military families during the property distribution stage. When a court handles the division of a service member’s retirement benefits during a divorce, it is subject to the requirements of the USFSPA.
The standards that the USFSPA sets forth include:
- Pension division awards are limited to the service member’s disposable retirement pay, not including VA disability pay
- A court is not permitted to demand that a service member retire in order to divide the retirement benefits
- In determining what the non-military spouse’s share of the marital property should be, the court may take into consideration the value of pension, benefits, and disability pay
- When a marriage has lasted more than 10 years where the service member had more than 10 years of service, the court may order direct pay from the Defense Finance and Accounting Services (DFAS)
- A former military spouse’s right to a portion of military benefits is limited to the lifetime of the military spouse, unless the Survivor Benefit Place (SBP) is enacted
Call (919) 887-8662 Now for Qualified Legal Assistance
Do not proceed through your military divorce without a Orange County military divorce lawyer on your side. Whether you require assistance with the equitable distribution of your marital property or need help fighting military child custody battle, you can count on the Orange County, NC military divorce lawyer at Browner Law, PLLC.
Contact our military divorce lawyer today at (919) 887-8662 to discuss your legal options.
This recent accomplishment involved the Deployed Parents Custody and Visitation Act and the rights of military service members in family law cases. In the appeal, Jeremy was able to overturn part of the trial court’s ruling that prohibited contact between a child and a stepmother.Click the link below to read more about the case.
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