Military Divorce Lawyer in Raleigh, NC

Military families face unique challenges, especially when a marriage ends. Between deployments, military pensions, jurisdictional issues, and relocation logistics, divorce involving service members can quickly become complicated. At Gantt Family Law, we assist service members, spouses, and veterans throughout Raleigh, Durham, Apex, and Sanford with experienced, strategic legal support tailored to the realities of military life.

Whether you're stationed at Fort Liberty, on active duty abroad, or transitioning to civilian life in the Triangle region, our family law team can help you navigate the legal, financial, and parenting decisions that come with a military divorce in North Carolina.

If you're involved in a military divorce, contact Gantt Family Law online or call us at 984-326-3302 to work with a Raleigh divorce attorney who understands the legal nuances of your situation.

How Military Divorce Differs in North Carolina

Military divorces are governed by both state and federal laws, including the Servicemembers Civil Relief Act (SCRA) and Uniformed Services Former Spouses’ Protection Act (USFSPA). These laws intersect with North Carolina divorce statutes and can affect everything from timelines to asset division.

• Jurisdiction Issues: Determining where to file can be complex if either party is stationed out of state or overseas. In North Carolina, one party must have resided in the state for at least six months.
• Delays Due to Deployment: The SCRA may allow active-duty members to delay proceedings while on deployment or active duty orders.
• Military Pension Division: North Carolina recognizes military retirement as divisible property, but federal law limits when payments can be made directly to the former spouse.
• TRICARE and Benefits: Continued healthcare eligibility depends on the length of the marriage and overlapping service, often referred to as the “20/20/20 rule.”
• Child Custody Complications: Custody and visitation arrangements may need to account for deployment schedules and relocation flexibility.

Learn more about how we handle complex separation and divorce cases across North Carolina.

Legal Support for Active Duty, Reserve, and Military Spouses

At Gantt Family Law, we proudly support military families from all branches of service. We work with both service members and their spouses to ensure each client’s rights and long-term interests are fully protected.

Our Raleigh military divorce attorneys assist with:

• Divorce filing and jurisdiction selection
• Property and asset division, including military pensions
• Child custody and visitation across state or international lines
• Spousal support and housing considerations
• Modifications due to deployment or relocation
• Post-divorce military benefit reviews

Whether you’re the service member or the non-military spouse, our firm works to preserve fairness and clarity through each step of the divorce process.

Custody and Parenting Time in Military Divorce

Military life can make co-parenting complicated. Frequent moves, unpredictable schedules, and overseas assignments demand flexible legal solutions.

Our team can help craft parenting agreements that:

• Account for deployment-related absences
• Include communication plans during long separations
• Address relocation clauses and virtual visitation rights
• Comply with North Carolina's custody laws and the Uniform Deployed Parents Custody and Visitation Act (UDPCVA)

If you're concerned about maintaining parenting time during or after active duty, we can guide you through the legal tools available. Learn more about our approach to child custody matters in North Carolina.

Dividing Military Retirement and Benefits

Military retirement is often one of the most valuable assets in a divorce. North Carolina courts treat it as divisible marital property, but special rules apply.

• Under the USFSPA, direct payment from DFAS (Defense Finance and Accounting Service) requires 10 years of marriage overlapping 10 years of service.
• Even without DFAS payment eligibility, retirement can still be divided through court orders.
• Disability pay, survivor benefits, and other entitlements require careful legal analysis to avoid future disputes.

Our attorneys ensure all division orders meet federal requirements and protect long-term financial stability.

Serving the Triangle's Military Families with Care and Precision

From Fort Liberty service members stationed nearby to veterans retiring in the Raleigh-Durham area, our firm provides local, informed representation for those who’ve served. We understand the structure of military pay, the emotional challenges of long-distance parenting, and the legal systems that impact your future.

Clients across Raleigh, Apex, Durham, and Sanford choose Gantt Family Law for our:

• Dedicated focus on North Carolina family law
• Strategic handling of military-related legal matters
• Experience with both contested and uncontested divorces
• Compassionate, clear communication throughout the process

We also help clients with property division to ensure all marital and military assets are addressed thoroughly.

Frequently Asked Questions

Can I get divorced in North Carolina if I’m stationed here temporarily?
To file in NC, either spouse must have been a legal resident for at least six months prior to filing—even if the service member is stationed here.

Will my military pension be divided automatically?
Not necessarily. Division depends on the length of the marriage and service overlap. Our attorneys help ensure fair and enforceable distribution.

What if I’m deployed during the divorce process?
You may be entitled to a stay (pause) in proceedings under the SCRA. We can help you assert or respond to such requests properly.

Can I lose custody because I’m in the military?
No, but your schedule may affect custody plans. Courts prioritize the child’s best interest but cannot penalize you solely for military service.

Do I need a military divorce lawyer specifically?
Yes. Military divorce involves unique laws and regulations. Working with an attorney familiar with both state and military law is critical.

Speak with a Raleigh Military Divorce Attorney Today

Gantt Family Law proudly serves military families across the Triangle with the clarity, respect, and strength they deserve. Whether you’re on active duty, transitioning to civilian life, or supporting a military spouse, we are here to help you move forward with confidence.

Visit our contact page or call our legal team at 984-326-3302 to schedule your confidential consultation with a Raleigh military divorce lawyer.