Fayetteville Lawyers Understand the Issues Military Families Face

Our family law attorneys offer solutions to matters unique to your situation

Members of the military give up a great deal in the service of their country. So when military families break up, they face some unique challenges. At Devan & Null PLLC, we understand that members of our armed forces going through a divorce need legal support that recognizes and understands those challenges. That is why we make it a priority to stay on top of the various state and federal laws that apply specifically to military divorce. We understand their complexities and can help military spouses and parents find their way.

How is military divorce the same as other types of divorce in North Carolina?

In principle, most North Carolina divorce laws applies to military divorce in the same way.  Military divorce also involves the distribution of marital property amassed during the marriage and generally proceeds in the same manner, with some exceptions for military benefits.

The same considerations apply in determining child custody, although they may be complicated by the military lifestyle of deployment and reassignment. Service branches encourage military families to create family care plans (FCPs) to hash out these issues. While an FCP is not a court order, it may be considered by a court if appropriate. Custody orders for military parents may provide alternative custody arrangements for when the parent is deployed and when he or she is stateside.

What laws make military divorce different?

A number of state and federal laws attempt to address the special challenges that members of the armed forces face in ending their marriage: 

• Jurisdiction for divorce — State law allows a military spouse stationed within North Carolina to institute divorce proceedings in the state.
• UCCJEA — While not specific to military families, the Uniform Child Custody Jurisdiction and Enforcement Act is a federal law that clarifies which state courts have jurisdiction over child custody matters for children who frequently move. This prevents parents from getting competing and contradictory orders entered in different states.
• SCRA — The Servicemembers Civil Relief Act prevents active-duty service members from being held in default if divorce or support actions are brought against them while they are away on deployment.
• USFSPA — While state law largely governs property division in military divorce, the federal Uniformed Services Former Spouses’ Protection Act controls the division of military retirement benefits during divorce.

At Devan & Null, we consider it our privilege to assist members of the armed forces through difficult divorce and custody issues. We know how the various laws work together and can guide you through the process quickly and efficiently.

Call our skilled Fayetteville attorneys today for assistance with your military divorce

Military life is already stressful. At Devan & Null PLLC, we take pride in minimizing the burden of divorce and child custody disputes for members of the military in Fayetteville. Our office is located on Fountainhead Lane in Fayetteville, North Carolina, blocks from the Hay Street exit of US 401. We are available for consultations by appointment from 8 a.m. to 1 p.m. and 2 p.m. to 5 p.m., weekdays. To schedule a consultation with one of our attorneys today, call 910-745-6645 or contact us online. Take the first step today toward putting your divorce behind you.