Users' questions

What is a military spouse entitled to in a divorce?

What is a military spouse entitled to in a divorce?

A spouse is entitled to one year of transitional medical benefits under the 20/20/15 rule, which requires at least twenty years of marriage, at least twenty years of military service, and at least fifteen years of overlap of the marriage and the military service.

How do you get a divorce in the military in NC?

Military courts do not grant divorces, so a member of the armed forces must file a complaint for divorce in the same state courts that everyone else does. A divorce must be filed where either the plaintiff or the defendant resides.

How does divorce work in North Carolina?

In North Carolina, the grounds for divorce are that the couple must have lived separate and apart for one year and that one party must have resided in North Carolina for six months prior to the filing of the action. You can also apply for divorce on the basis of incurable insanity.

Can a military divorce cause you financial stress?

Divorce can cause financial stress, so it’s a good idea to connect with a Military OneSource financial consultant for ways to keep your finances on track. You can also talk to a Military OneSource MilTax consultant for free to see how divorce may affect your taxes.

Can a military spouse file for divorce in another state?

Divorce laws allow service members and their spouses to file for divorce in either the state where the service member is currently stationed, the state where the service member claims legal residency or the state in which the nonmilitary spouse resides. Some things to consider when filing for divorce while living overseas include:

Is there no fault divorce in North Carolina?

North Carolina is a no-fault divorce state. North Carolina does consider fault in other circumstances however (i.e. divorce from bed and board and alimony).

How does adultery affect a divorce in NC?

To better understand, let’s take a look at the common issues that come up in a divorce in North Carolina, and the ways that adultery can impact each: Child custody and/or visitation: Adultery can impact child custody or visitation issues in a few ways.

Who is the plaintiff in a North Carolina divorce?

in North Carolina law (or statutes) at North Carolina General Statute Section 50-6. There are no exceptions to these requirements to get an Absolute Divorce. As you go through the court process, you will be called the Plaintiff, because you have started the court process to get an Absolute Divorce. Your spouse will be the Defendant.

What happens to a military spouse after a divorce?

Under the 20/20/15 rule, the former spouse does not have access to the military exchange, installation privileges or commissary privileges. You may retain your identification card and continue to receive your commissary, exchange and health care benefits until your divorce is final regardless of whether you meet the 20/20/20 rule.

Divorce can cause financial stress, so it’s a good idea to connect with a Military OneSource financial consultant for ways to keep your finances on track. You can also talk to a Military OneSource MilTax consultant for free to see how divorce may affect your taxes.

What is post divorce support in North Carolina?

“Post-separation support” is a temporary form of spousal support paid by a supporting spouse to a dependent spouse who is in need of support, after separation but before divorce. What are the requirements for a divorce in North Carolina?