Securing Your Future With Help From A Compassionate Military Divorce Lawyer In Wilmington
Divorce is never easy, regardless of your profession or personal circumstances. However, for military couples, the process can be particularly overwhelming. The unique aspects of military life can create additional stress and uncertainty. Whether you are an active-duty military personnel or a civilian spouse, you need a knowledgeable military divorce lawyer to guide you through the intricacies of your case.
As a law firm serving communities in Wilmington and New Hanover County, our experience with military families in our area has given us valuable insights into the complexities of military life and its effects on family law matters.
North Carolina’s southeastern coast is home to several important military installations, including Fort Bragg, Camp Lejeune and Seymour Johnson Air Force Base. While these bases are not located directly in Wilmington or New Hanover County, their proximity significantly impacts our local community. At Mason, Mason, & Smith Attorneys at Law, we aim to provide compassionate guidance and strategic advice to help military families get through this challenging time.
What Is The 10/10 Rule For Military Divorce?
As divorce lawyers for military spouses and active-duty service members, we understand how daunting it can be to face the complexities of a military divorce. One crucial aspect involves determining a civilian spouse’s potential entitlement to a portion of the military retirement pay. This falls under the Uniformed Services Former Spouses’ Protection Act (USFSPA).
USFSPA established the 10/10 rule, which governs the distribution of military retirement pay in a divorce. Under this rule, a couple must have lasted at least 10 years, during which the military personnel completed at least 10 years of creditable military service.
To protect your rights during this complicated process, you need a seasoned military divorce lawyer to help you understand the details of this rule and allow you to make informed choices for your future.
Does My Nonmilitary Spouse Get Half Of My Military Pension?
In North Carolina, the law of equitable distribution governs the division of marital property, including military pensions. This means the court will divide marital assets fairly, but not necessarily equally, between spouses.
When determining a fair distribution, several factors will come into play. These include the length of the marriage, each spouse’s financial needs, contributions to the marriage and other assets. Courts can award up to 50% of a military member’s retirement pay directly to the former spouse. This percentage can increase to 65% if the court orders alimony or child support.
There are important things you must do to safeguard your rights during divorce. One of these is to consult with a knowledgeable military divorce lawyer or separation attorney as soon as possible to get professional insights into your case. Our mission is to equip you with robust legal strategies and unwavering support to protect your interests and future financial stability. We stand ready to guide you through every aspect of your case, ensuring you make informed decisions about your future.
Will Deployment Or Relocation Affect The Proceedings?
Military life often involves frequent relocations and deployments, which can significantly impact divorce proceedings. At Mason, Mason, & Smith Attorneys at Law, we understand the stress that deployment can add to an already difficult situation. That is why we have committed to providing comprehensive support to help you protect your and your family’s best interests throughout this journey.
Deployment does not halt legal proceedings but introduces another layer of difficulties. Fortunately, legal protections allow deployed spouses to receive proper notification about the divorce. Under the Servicemembers Civil Relief Act, serving divorce papers to a deployed service member requires an authorized individual not involved in the case to deliver the documents in person.
As seasoned family law attorneys, we emphasize the importance of maintaining open communication channels with your spouse. This will help pave the way for mutual agreements on critical issues in child custody and property division. An experienced military divorce lawyer can guide you through this intricate legal process with clarity and purpose. With the right legal ally by your side, you can confidently overcome the challenges of divorce and move on to the next chapter of your life.
Safeguard Your Rights With A Proficient Military Divorce Lawyer By Your Side
Do not let the complexities of a military divorce overwhelm you. Call our office at 910-444-3505 today to schedule a consultation. You can also email us through our online form. With us in your corner, you can approach this transition with confidence, knowing that your future and your family’s well-being are our top priorities.