Trying to balance military service and the end of a marriage may be difficult for those who are based in North Carolina. Generally speaking, the first step in the divorce process is to find the right legal representation. Those who are on active duty are offered a variety of protections through the Servicemembers Civil Relief Act. The act typically relieves an individual of the duty to respond to civil or other matters while actively serving.
Individuals who are married to someone in the military may have access to free legal advice through the legal assistance offices. While these attorneys don’t represent individuals in court or draft documents, they can offer insight into how to go about ending a marriage.
Former spouses of those who served in the military may be eligible for benefits under the Uniformed Services Former Spouse Protection Act. This is generally true if the marriage lasted for at least 20 years and the former spouse served for at least 20 years in the military. Finally, the marriage must have overlapped at least 20 years of the service. While divorces will ideally be filed in the United States, it may be possible to do so overseas as well.
Generally speaking, military divorce proceedings are handled in civilian courts. However, military legal advisers may help explain the process of divorce and keep any conversations between the client and the adviser. This may allow a person to resolve the matter in an affordable, timely and civil manner. It may also allow for the divorce to be resolved in a manner favorable to a divorcing individual.