Military Divorce Lawyer Matthews NC

Divorce is never simple—but for military families, it often comes with additional layers of complexity. From deployments and relocations to military benefits and federal protections, service members and their spouses face unique legal challenges when dissolving a marriage. In North Carolina, military divorce is governed by both state and federal law, making it essential to work with an attorney who understands how to navigate both.

Unlike civilian divorces, military divorces involve multiple legal systems. In addition to North Carolina family law, there are federal statutes like the Servicemembers Civil Relief Act (SCRA) and the Uniformed Services Former Spouses’ Protection Act (USFSPA) that can influence issues such as property division, custody, and spousal support.

Military pay structures—including BAH, BAS, and retirement benefits—must be carefully analyzed. Deployment schedules and permanent change of station (PCS) orders can complicate custody arrangements and residency requirements for filing. Understanding these nuances is critical to avoiding costly mistakes and unfair outcomes.

At The Goodman Law Firm, we are proud to stand with the men and women who serve our country—and the families who support them. Based in Matthews, NC, we provide experienced legal counsel tailored to the realities of military life, ensuring that our clients are informed, protected, and prepared for what comes next.

Understanding Jurisdiction and Filing Requirements in Military Divorce

Residency and Military Presence in North Carolina

In North Carolina, a divorce can be filed if at least one spouse has lived in the state for six months or more before filing. For military families, this requirement is flexible. If a servicemember is stationed in North Carolina, even temporarily, the state may be considered their legal residence for divorce purposes—even if their official home of record is elsewhere.

This flexibility allows military families stationed at places like Fort Liberty or nearby bases to file for divorce in North Carolina courts without waiting extended periods or navigating out-of-state filings.

SCRA: Protecting Active-Duty Servicemembers

The Servicemembers Civil Relief Act (SCRA) offers critical protections to active-duty military members involved in legal proceedings—including divorce. Under the SCRA, courts are prohibited from entering default judgments against servicemembers who are unable to participate in proceedings due to their military obligations.

This means if your spouse is deployed or otherwise unavailable due to active duty, the court must delay the case until they have the opportunity to respond. This law ensures that no party is unfairly penalized simply because they are serving their country.

Venue Options When Stationed Elsewhere

Military life often involves frequent relocations. If one or both spouses are stationed outside of North Carolina—or if the servicemember is deployed overseas—filing in the right venue becomes especially important.

North Carolina courts allow you to file in a county where either spouse resides or is stationed. For military families in Matthews, NC, Mecklenburg and Union Counties are common venues. An experienced military divorce lawyer can help determine the most strategic and legally appropriate place to file, particularly when dealing with long-distance or cross-state logistics.

Division of Military Pensions and Benefits in North Carolina

How North Carolina Divides Military Retirement

Under North Carolina law, military retirement is considered marital property to the extent it was earned during the marriage. If a servicemember entered the military before or after the marriage, only the portion accumulated while married is subject to division. The court aims to divide that portion fairly, which does not always mean equally.

Determining the correct value and applying the right division formula is essential—and often contested. Whether you're the servicemember or the non-military spouse, having skilled legal representation ensures your financial interests are properly protected.

Understanding the "10/10 Rule" for DFAS Payments

One of the most misunderstood aspects of military divorce is the 10/10 Rule. This federal rule governs whether the Defense Finance and Accounting Service (DFAS) can send direct retirement payments to the non-military spouse. To qualify:

• The couple must have been married for at least 10 years, and
• The servicemember must have performed 10 years of creditable military service during that marriage.

If these conditions are met, DFAS will pay the former spouse their share directly, making enforcement easier. If not, the non-military spouse can still receive a portion of the pension, but payments must be made by the servicemember.

Other Benefits: VA Disability, TSPs, and SBPs

• VA Disability Pay is typically not divisible in divorce, but it can impact other financial awards like alimony or child support.
• Thrift Savings Plans (TSPs) function like civilian 401(k)s and are divisible through a court order, similar to a QDRO in civilian divorces.
• The Survivor Benefit Plan (SBP) provides continued income to a former spouse after the servicemember’s death. Electing and securing SBP coverage is a crucial step that must be addressed during settlement or trial.

Special Challenges with Blended Retirement Systems

Servicemembers enrolled under the Blended Retirement System (BRS)—which combines traditional pensions with contributions to a TSP—face additional complexities in division. Careful planning is needed to ensure both components are valued and distributed properly.

Military retirement is more than a paycheck—it’s a hard-earned asset with real, long-term value. At The Goodman Law Firm, we understand these systems and fight to ensure our clients receive their rightful share.

Special Legal Considerations in Military Divorce

SCRA: Legal Protections for Active-Duty Servicemembers

The Servicemembers Civil Relief Act (SCRA) is a federal law designed to protect military personnel from civil legal actions—like divorce or custody hearings—when their military service materially affects their ability to participate.

Under SCRA, active-duty servicemembers can request:

• Postponement of court proceedings
• Protection from default judgments
• Relief from certain financial obligations

This ensures that a servicemember isn’t penalized for missing court due to military duties and allows for fair participation when they are able.

Dividing Military Housing Allowances and Privileges

Military housing benefits, such as Basic Allowance for Housing (BAH), are a form of compensation—and may be factored into support or used to offset living expenses after separation. However, these benefits may cease for the non-military spouse once divorce is finalized.

If a family was living in military housing, the non-military spouse and children may need to vacate the premises shortly after separation or divorce. This can be a significant financial and logistical issue that must be addressed early in divorce negotiations or mediation.

Base Access and Military ID for Former Spouses

Following a divorce, a non-military spouse generally loses access to military bases and facilities, including the ability to shop at the commissary or exchange. However, there are exceptions under the 20/20/20 Rule:

• The marriage lasted at least 20 years
• The servicemember had at least 20 years of creditable service
• The marriage and service overlapped by at least 20 years

If these conditions are met, the former spouse may retain military ID, base privileges, and even TRICARE benefits.

If the overlap is between 15 and 20 years (20/20/15 Rule), limited access may be available for one year post-divorce. Understanding these thresholds is critical when negotiating settlement terms that involve ongoing access to military resources.

TRICARE Eligibility After Divorce

Healthcare is a critical issue for many spouses in a military divorce. Under the 20/20/20 Rule, qualifying former spouses may continue to receive TRICARE health coverage indefinitely—provided they do not remarry. If they remarry or fail to meet eligibility requirements, coverage is lost.

Spouses who don’t meet the criteria may be eligible for temporary coverage under the Continued Health Care Benefit Program (CHCBP), but they must enroll promptly and pay premiums out-of-pocket.

Failing to plan for post-divorce healthcare can leave a spouse uninsured. At The Goodman Law Firm, we walk our clients through these options to ensure nothing is left to chance.

Trust Your Military Divorce to a Legal Team That Understands

Military divorce is never one-size-fits-all. It involves a complicated intersection of North Carolina family law and federal military regulations that can affect everything from parenting time to retirement benefits. With deployments, reassignments, and federal protections in play, servicemembers and their spouses need more than just legal representation—they need legal strategy.

At The Goodman Law Firm, we know what’s at stake. We understand the emotional toll, the financial implications, and the legal pitfalls that can accompany military divorce. Whether you’re a servicemember or the spouse of one, we’ll make sure your rights are protected and your future is secure.

Ready to Take the Next Step? Contact Us Today

If you're navigating a military divorce in Matthews, NC, The Goodman Law Firm is here to protect your rights and your future.

📞 Call (704) 502-6773
📍 10020 Monroe Road, Suite 170-288, Matthews, NC 28105
🌐 www.goodmanlawnc.com
📧 kg@goodmanlawnc.com 

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