5 Myths in Military Divorce in North Carolina

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When it comes to divorce, there are a lot of myths out there. And when you’re in the military, those myths can be even more damaging. That’s why we’re here to bust some of the biggest myths about military divorce in North Carolina.

The First Myth is That Military Divorce is Just Like Any Other Divorce.

The military lifestyle is unique, and military divorce is no different. While military divorce has distinct similarities to civilian divorce, military couples face exceptional circumstances and additional challenges that are not present for those in conventional marriages. From the jurisdictional rules governing military divorces to military benefits, it is important to understand the nuances that exist when navigating military divorce as opposed to a more traditional route. It’s essential to have an understanding of military rules, regulations and legal processes surrounding military divorce in order for the process to move swiftly and efficiently. Having guidance from a professional with military knowledge can be invaluable in simplifying the process of obtaining a fair resolution.

The Second Myth is That the Service Member Always Gets Custody of The Children.

North Carolina military law can be complex when it comes to divorce and custody determinations, particularly regarding military personnel. Contrary to popular belief, military members do not automatically receive custody of the children during a divorce. In fact, other factors such as the best interest of the child and the overall welfare of the family are typically taken into consideration when determining who holds legal and physical custody. It is important to remember that no military personnel should assume they have automatic rights over their children following a divorce or custody battle. If a military service member is facing divorce proceedings in North Carolina, they may need to consult with an attorney versed in military law in order to protect their parental rights and ensure that the best possible outcome is secured for the family.

The Third Myth is that The Non-Military Spouse Will Not Be Able to Get Alimony or Child Support from A Military Member.

Contrary to popular belief, military members can be ordered to pay alimony or child support even if they are not married to the recipient. According to military law and family codes in Charlotte, North Carolina, military spouses have the same rights of financial protection during a divorce as their civilian counterparts. If a military member is not providing adequate financial support for their spouse or children, then a court order can be issued granting alimony or child support from military-earned funds. Though proving military-related assets may take extra steps if they are located on military bases overseas or in different states, non-military spouses should still seek legal help in their efforts to secure justice and financial stability in the wake of a military divorce.

The Fourth Myth is that If You Are Getting Divorced, You Cannot Live On A Military Base.

While military bases can have complicated living arrangements that may not be ideal for individuals going through a divorce, there are still options available. In certain cases, military members who are getting divorced might be eligible to remain on base if they are designated as the custodial parent or if their ex-spouse fails to meet the dependent’s eligibility requirements such as length of military service or military pay grade. The military also offers legal resources to navigate a divorce so individuals can understand their rights and make informed decisions during the process.

The Fifth and Final Myth is that All Property Acquired During the Marriage Will Be Divided Equally in A Military Divorce.

The fifth and final myth that is commonly associated with military divorce is that all property acquired during the marriage will be divided equally. In reality, the court considers various factors when deciding on the division of marital property, such as the length of marriage and contribution of each spouse to the acquisition of assets. The court may also consider other financial circumstances, such as whether one or both spouses are sacrificing their future income for their spouse’s career in the armed forces. Additionally, even if both spouses’ contributions contributed to certain asset acquisitions, this does not guarantee equal division. Ultimately, how marital property is divided varies from jurisdiction to jurisdiction and requires careful consideration from an experienced legal professional familiar with military divorce laws.

These are only a few of the many myths about military divorce. If you are considering divorce, or have already been served with divorce papers, it is important to seek experienced legal assistance. The attorneys at Melone Hatley, P.C., have represented clients in hundreds of military divorces and can help you understand your rights and options. We offer a free initial meeting with our Client Service Coordinators so that you can learn more about how we can help you before making any decisions. Contact us online or call 800.479.8124 to schedule your appointment.

Ben Hefferon

Written By Ben Hefferon

Ben Hefferon is a native of Charlotte and has consistently been rated by his peers as a top divorce and family law attorney. His commitment to his clients and dedication to the field of law make him an invaluable asset in navigating the complexities of your case.
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