Military Divorce

Soldier with Son

At Beaver Courie, Attorneys at Law, we are proud to represent various members of our armed forces and their families. We understand how stressful and complicated military life is and recognize that sometimes these stressors lead to separation and divorce. Like many states, North Carolina allows for "no fault" divorce after a couple has been separated for a year. North Carolina General Statute § 50-6 controls the requirements for absolute divorce in our State and applies when either party has resided in North Carolina for six months. This means North Carolina can have jurisdiction to grant a divorce so long as a party is stationed in North Carolina.

Divorce Isn't Easy

The exact point in time when a couple is considered legally separated in North Carolina is pivotal to the divorce process. This date impacts not only when a couple is eligible for divorce, but also directly impacts other steps in the divorce process such as property division including military benefits (equitable distribution). Seeking experienced legal assistance when you, or your spouse, wants a divorce can dramatically impact the outcome of your divorce.

Protect Your Rights

North Carolina requires a party seeking various rights to file a complaint for those rights prior to obtaining an absolute divorce. It is important to understand you will waive your rights to alimony (money) and equitable distribution (property) if you do not make a claim for those rights at the proper time. Take the time to get legal advice prior to making any decisions which could permanently impact your life.

Child Custody

Perhaps the most the difficult part of a divorce or when a couple separates is deciding how the children will be cared for in the future. Child custody in North Carolina includes decision making authority regarding a child's welfare (legal custody) and where a child will live (physical custody). Decisions regarding custody in North Carolina are based upon the "best interest of the child" standard. A Court considers numerous factors in making this decision such as the parent's role in caretaking, the age of the child, the availability of each parent, and misconduct on the part of either parent.

Impact of Deployment

Our area is fortunate to be surrounded by military service members and their families. A common part of this service includes deployments which can have a direct impact on custody arrangements. The law allows for expedited custody hearings when a service member has a pending deployment. Contact Cristina Quantock for more information.

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