If you are seeking to end your marriage, and you or your partner are currently serving in the military or are retired veterans, you should seek the help of a North Carolina military divorce lawyer.
Legally, military divorce cases are more complex than civilian divorces because the processes are guided by both state and federal law. For instance, a spouse on active duty can use the civil relief act to delay divorce or custody proceedings. In addition, the Uniformed Services Former Spouses’ Protection Act (USFSPA) has provisions guiding states on how to treat custody matters and military pension benefits during the divorce. Specific to military divorce, USFSPA classifies retirement pay as property and not income, which means that under certain circumstances, the court may require its division between the couple as they would require for other properties.
A military divorce lawyer is an attorney who specializes in divorce cases where at least one spouse is a service member or a retired veteran.
A military divorce attorney will help you in the process of divorce. Specifically, the attorney will:
If you or your spouse are serving in the military or retired veterans, consider hiring a military lawyer if you think you have sufficient grounds to seek a divorce. Some examples of acceptable legal grounds for divorce include:
If the divorce is filed in a state that allows for no-fault divorce, then simply having irreconcilable differences between the two parties which is not attributed to another's actions is sufficient. You should also consider working with an North Carolina military divorce attorney if you are only seeking legal separation and not a divorce.
You can find the best military divorce lawyer in North Carolina through the Lawrina directory. First search for a qualified attorney by area of practice or state. The directory has profiles of attorneys, including details such as their area of practice, contact information, and their respective resume. We suggest noting the names and contacts of approximately four potential lawyers to consider.
First, look for a lawyer for military divorce in North Carolina and prepare the list of best candidates. Consider the following about each and how these factors may affect how you work with your lawyer:
The average cost for a military divorce lawyer is $300 per hour. The hourly rate is simply the cost for their professional fees and does not include direct costs of handling the case, such as filing fees, mediation fees, or expert consultation fees.
The complexity of your case will be based on whether the divorce is contested, which in turn will determine how much time your attorney spends working on it. Uncontested divorce processes, where the couple agrees on critical issues such as custody and division of property, typically cost less and take a shorter time to process. A no-fault divorce is also cheaper and less time-consuming than a fault-based divorce.
A military divorce attorney may not charge you for the initial consultation since it is the opportunity for them to understand the facts of your case and determine if they can help you. At the same time, you will also get a chance to gauge their suitability by examining their candor and asking questions about their experience. During this initial consultation, the attorney will likely give you a cost outline of your case. Be sure to directly inquire if there will be any charges for the initial consultation, as some attorneys may charge.
It depends on the state where you file for divorce. For instance, in some states that allow for an uncontested divorce, the main reasons for seeking a divorce will not affect the outcome, even if infidelity takes place. However, if the cheating spouse spent marital funds on the extra-marital relationship, the court can take this into account when dividing the assets.
In the case of fault divorce, the spouse filing for divorce argues that the other spouse is responsible for the breakdown of the marriage. In the case of the no-fault divorce, there is no attribution of blame, and the main grounds for divorce are irreconcilable differences.
In an uncontested divorce, the couple proactively agrees on the divorce details such as child custody or support, debt, and assets division. In contested divorces, the couple does not agree and requires the judge to decide on the details of the divorce agreement.