Active military personnel and veterans who are non-married parents are required to provide child support for children still legally considered minors. The rules that apply to military personnel are not meant to override existing North Carolina child support guidelines. The purpose of these added regulations is to ensure financial obligations are met even if a legal agreement has not been worked out.
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.
Dealing with child custody issues is complicated. It becomes even more complicated when you have physical custody of your child and you have received orders to deploy.
In a divorce in North Carolina, the property of the marital estate must be divided in a way that is equitable, but not necessarily an even 50-50 split. Tangible assets, like the family home, are often one of the first issues to be discussed. Yet it is important to remember that intangible assets, like retirement benefits, must also be divided.
If you are in the military (or are the spouse of a servicemember) and are considering getting a divorce, you may assume that the process is the same as civilian divorces. Although this is true to a certain extent, there are a couple of key differences between civilian and military divorces.