Despite having no major active-duty military bases within its borders, Gastonia is home to many military personnel due to its reasonable driving distance from Fort Liberty and proximity to the Gastonia and Rock Hill armories. When military families face divorce, there are commonly additional challenges in comparison to civilian divorces, including determining child custody issues with frequent deployments, the division of military benefits, and confusing requirements for determining jurisdiction.
A Gastonia military divorce lawyer from the Law Offices of Regina M. Taylor can offer a range of services tailored to help individuals facing divorce while serving in the military. Contact our dedicated divorce attorneys to learn more.
When military couples divorce in Gastonia, one of the first major challenges they often face is determining the proper jurisdiction for their case. North Carolina law requires that at least one spouse reside in the state for at least six months and be residing in the state when the divorce takes place. However, military service members who deploy may find flexibility with this requirement. For many military personnel, the Servicemembers Civil Relief Act (SCRA) provides protections, allowing them to delay divorce proceedings until they return from deployment.
Another atypical divorce concern for military families is the division of benefits. The right of former spouses of military members to receive federal benefits is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA), which allows state courts to view military retirement pay as marital property. Other benefits, such as TRICARE health care coverage, survivor benefit plans, and access to commissaries on base, may also be provided during a military divorce. The 10/10 rule of the USFSPA requires a portion of retirement benefits to be paid to former spouses directly if the marriage lasted at least 10 years and those years overlapped military divorces.
One important service a Gastonia lawyer may provide in military divorce cases is guidance as to the patchwork of state and federal laws that govern these cases. Understanding these laws and requirements can be difficult, and the legal team at the Law Offices of Regina M. Taylor aims to ensure that our clients receive the information they need to make informed decisions about their divorces.
We could help you draft custody plans and asset distribution agreements, serve divorce papers even in complex situations such as your spouse being deployed overseas, and calculate spousal and child support based on factors including available military pay and VA disability benefits.
We could also handle the other common issues surrounding divorce, including equitable distribution of marital assets and debts, and negotiating with the other spouse’s attorney to resolve these matters out of court. If a trial is needed, we provide representation during that process and ensure that your rights are upheld.
Military service provides many benefits that not only help spouses during the marriage but also after. Understanding how to divide these benefits and navigate the other ins and outs of a military divorce can be challenging. Let our Gastonia military divorce lawyers provide answers to the questions you have about your case and tell you about the services we may provide to assist you through this difficult process. Contact us for a case evaluation today.
