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North Carolina Military Divorce Lawyers

Cary Powell Moseley avatar
JD, Washington and Lee Law SchoolBA, University of Virginia (English and Mathematics)Echols ScholarWashington ScholarNational Moot Court Team Big Brother of the...
Laura B. Butler avatar
"If it's going to be a fight, you need Laura Blair Butler on you side."Laura Butler is a Charlottesville Trial Lawyer concentrating in Divorce and Family Law. C...
Dustin S.  McCrary avatar
Divorce is tough. There’s no way around it. Divorce is stressful, intensely emotional, and overwhelming. It is the perfect storm of problems, from determining c...
Joel C.  Harbinson avatar
Joel C. Harbinson attended the University of North Carolina at Chapel Hill and graduated in 1977 with an A.B. degree and from the University of North Carolina a...
W. Carey Parker avatar
W. Carey Parker was born and raised in Statesville, North Carolina. After law school he returned to Statesville to join his father, David P. Parker, practicing ...
Matthew G. Moore avatar
Matthew Moore was born in Charlotte, North Carolina, and attended college at the University of North Carolina at Charlotte. During his undergraduate work, Matth...
Jonathan Dean Griffin avatar
For all your Family Law and Criminal Defense needs, Call Jonathan! - (704) 873-5500Since earning his law degree with honors in 2001, Statesville, North Carolina...
C. Jason Ralston avatar
Jason is a 1993 graduate of Oak Ridge Military Academy. From there, he attended The Citadel, the military college of South Carolina. He earned his Bachelor of ...
Christina Clodfelter avatar
Christina Clodfelter was raised in Statesville, NC, and is a graduate of Statesville High School. She received a B.A. degree in Political Science and English fr...
Regina Gillespie avatar
Regina R. Gillespie was born near Boston, Massachusetts in 1958 and was raised in South Florida, moving to Florida before she started elementary school. During ...

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.

What is a Military Divorce Lawyer?

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.

What Does a Military Divorce Attorney Do?

A military divorce attorney will help you in the process of divorce. Specifically, the attorney will:

  • Determine the right state to file for divorce and assist you in navigating the process;
  • Draft agreements such as separation, spousal, child custody, and maintenance agreements;
  • Provide proactive counsel and respond to any questions or concerns you may have concerning the divorce process;
  • Advise on the financial implications of the dissolution of marriage, including pensions and property rights after the divorce; and
  • Inform you of your rights in the divorce process.

When Should You Hire a Military Divorce Lawyer from North Carolina?

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:

  • Impotence, mental illness, or mental incapacity at the time of marriage
  • Marriage consent obtained as a result of force or fraud
  • Cruelty, abuse, abandonment, or desertion
  • Criminal imprisonment or conviction
  • Bigamy, cheating, or adultery
  • Drug or alcohol addiction

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.

How Can You Find a Lawyer for a Military 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.

How Do I Choose a Military Divorce Attorney from North Carolina?

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:

  1. State of practice - The most crucial decision is the state in which you want to file for divorce. Military families may live in a state different from their resident state or the state(s) where they own properties. Due to such dynamics, one may file military divorce papers in:
    • The last state where you lived for more than six months;
    • Your home state where you have been paying your taxes; or
    • The state where you are currently stationed, even if you are not a resident of that state.
  2. Specialization and experience - Always choose a lawyer with experience handling cases similar to yours. For military divorce, lawyers with divorce and family law experience are capable of handling your case. During your initial consultation, ask the attorney if they have experience specific to military divorce.
  3. Social proof - Consider working with attorneys with positive reviews and recommendations on their profiles. Other sources of review include if the attorney has received awards and recognition for excellence in their area of specialization.

How Much Does the Military Divorce Lawyer Cost On Average From North Carolina?

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.

Do Military Divorce Attorneys Usually Charge for Consultations?

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.

Frequently Asked Questions

Do I Need a Reason to File for Divorce?

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. 

What Is the Difference Between No-Fault and Fault Divorce, and Why Does It Matter?

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. 

What Is the Difference Between a Contested and Uncontested Divorce, and Why Does It Matter?

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.