Military Divorce Attorney Matthews NC

Military life comes with a unique set of challenges — and when divorce enters the picture, those challenges can multiply quickly. Between deployments, relocation, housing, retirement benefits, and child custody across state lines, military divorces are simply not the same as civilian ones.

If you or your spouse is serving in the military and you're facing separation or divorce, it’s critical to work with an attorney who understands both the emotional toll and the legal complexity of what you're going through.

At The Goodman Law Firm, we help service members and their spouses in Matthews, Charlotte, and surrounding areas navigate divorce with clarity, compassion, and confidence.

North Carolina Divorce Basics for Military Families

Military families face a unique blend of state and federal law when going through divorce — and North Carolina adds its own rules to the mix. Whether you're stationed in the area or your spouse is serving elsewhere, it's important to understand the basics of how divorce works in our state, especially for military households.

Residency Requirements in Military Divorce

In North Carolina, at least one spouse must have lived in the state for six months prior to filing for divorce. For military personnel, stationing in North Carolina can satisfy this requirement if it’s considered their legal residence or duty station.

If you're unsure whether you meet the residency requirement, We can help you determine your eligibility and the best jurisdiction to file in — especially if you or your spouse are serving out of state or overseas.

Absolute Divorce vs. Separation Agreements

North Carolina requires that spouses live separately for at least one year before filing for an absolute divorce. That one-year separation is non-negotiable, and it must involve living in two different residences — not just sleeping in separate rooms.

During this time, most couples negotiate a separation agreement, which covers:

• Custody and visitation
• Child support and alimony
• Division of property and debt
• Temporary arrangements during deployments or relocation

These agreements can be negotiated and signed before the official divorce is granted, and they are especially important in military cases where timing and distance can complicate the process.

Equitable Distribution of Assets and Debts

North Carolina follows the principle of equitable distribution, meaning the court will divide marital property in a way that is fair — but not necessarily equal.

Military divorces often involve:

• Military pensions and retirement benefits
• Thrift Savings Plans (TSPs)
• Housing allowances (BAH) and other entitlements
• Debts accumulated during deployments or relocations

Identifying what counts as marital vs. separate property — especially with military benefits — requires precision and experience. The Goodman Law works to ensure no detail is overlooked, and that your financial future is protected.

Serving an Active-Duty Spouse

Serving divorce papers to an active-duty service member isn’t always straightforward. Under the Servicemembers Civil Relief Act (SCRA), active-duty spouses are given special legal protections, including the right to delay court proceedings while deployed or stationed away from home.

To proceed with a military divorce, you'll need to properly serve the spouse, and they must either respond or waive their protections under SCRA. This step must be handled with care to avoid unnecessary delays or procedural issues.

Special Legal Considerations in Military Divorce

Military divorce isn’t just a family matter — it’s a legal issue that touches both federal and state law, with added layers of military-specific benefits, protections, and entitlements. Navigating this landscape takes more than a basic understanding of divorce law — it takes focused, experienced counsel.

The Servicemembers Civil Relief Act (SCRA)

The SCRA is a federal law that provides certain protections to active-duty service members during legal proceedings, including divorce. Under this law, courts may delay proceedings if a military member’s duties prevent them from appearing or responding — especially during deployment or active missions.

This protection prevents default judgments and ensures fairness when one party is serving the country. If your spouse is active duty, or you are, it’s essential to understand your rights and obligations under SCRA before moving forward.

Dividing Military Retirement & Pensions (USFSPA)

Military retirement benefits are often a major asset in divorce — and they’re subject to specific rules under the Uniformed Services Former Spouses’ Protection Act (USFSPA).

Key points include:

• The “10/10 rule”: If the marriage lasted 10 years during which the service member performed 10 years of creditable service, DFAS (Defense Finance and Accounting Service) may pay the non-military spouse’s share of retirement directly.
• Even if the 10/10 rule doesn’t apply, state courts can still divide retirement as marital property — and enforce payment through other means.

Understanding Military Pay: Basic Pay, BAH, BAS & More

Military income includes more than just a base salary. When calculating child support, alimony, or equitable distribution, courts must consider all elements of a service member’s pay:

• Basic Pay
• Basic Allowance for Housing (BAH)
• Basic Allowance for Subsistence (BAS)
• Incentive or hazard pay
• Special duty pay or bonuses

These extras can change based on rank, deployment, or location — and they matter when evaluating financial support obligations. At The Goodman Law Firm, we understand the nuances and ensure the court sees the full financial picture.

Survivor Benefit Plan (SBP) Considerations

The Survivor Benefit Plan (SBP) provides continued income to a spouse or ex-spouse after a retired service member passes away. This often becomes part of the divorce settlement — but it’s not automatic.

The SBP must be elected and preserved in the divorce order, or it can be lost. We help clients navigate these technical details and ensures your interests — and any promised future benefits — are protected in writing.

Access to TRICARE and Base Privileges

Health care and base access are often a concern, especially for spouses who’ve spent years supporting their service member’s career. Eligibility depends on the length of the marriage and service overlap:

• Under the 20/20/20 rule, former spouses may retain full TRICARE and base privileges.
• Under the 20/20/15 rule, they may qualify for one year of transitional coverage.
• Anything less may disqualify a spouse entirely.

We work closely with clients to evaluate these thresholds and incorporate access (or transitions) into the overall divorce plan.

Common Challenges in Military Divorce

Communication Breakdowns During Deployment

When one party is deployed or serving overseas, even basic communication can become a challenge. Delays in response time, inconsistent access to email or phone, and time zone differences can make negotiation or court proceedings extremely frustrating.

We work around deployment schedules, coordinating communication respectfully, and ensuring that your voice is heard — even if you’re halfway around the world.

Delays from Active-Duty Status or PCS Orders

Military families are no strangers to last-minute moves or training orders. But when those life changes happen during a divorce, they can lead to major delays or legal complications.

The Servicemembers Civil Relief Act (SCRA) allows active-duty members to request court delays — but this protection can also slow the process for the non-military spouse.

We help clients navigate these procedural roadblocks, maintain momentum in their case, and file motions when necessary to protect their rights and keep things moving.

Property Division Across Multiple States

Military families often accumulate assets — and debts — in more than one state. Homes, cars, retirement accounts, and personal property may be located in different jurisdictions, which complicates the equitable distribution process.

At The Goodman Law Firm, we carefully track down, classify, and value all marital property, no matter where it’s located. We work closely with you to ensure that every asset is accounted for and fairly addressed — even if you’ve been stationed in multiple places.

Co-Parenting Across State or Country Lines

When one parent lives on or near a military base, and the other parent resides in a different state or time zone, co-parenting can quickly become complex.

We help clients craft detailed, long-distance parenting plans that include:

• Travel arrangements
• Virtual visitation schedules
• Shared decision-making protocols
• Temporary custody plans during deployment

These parenting plans are designed to support consistency and connection, even when miles — or oceans — separate you and your children.

Your Mission: Protecting Your Family and Future — Ours Too

If you’re facing a military divorce, you don’t have to navigate it alone. Whether you’re active-duty, a military spouse, or a veteran, you deserve legal guidance that understands your world and respects your sacrifices.

At The Goodman Law Firm, we help military families in Matthews, Charlotte, Union County, and across North Carolina protect what matters most — their children, their financial future, and their peace of mind.

📞 Call us today at (704) 502-6773

🖥️ Or schedule a confidential consultation online at www.goodmanlawnc.com

Military life demands resilience. Your divorce attorney should, too. Let The Goodman Law help you move forward with strength, clarity, and care.

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