This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.
At the Olsinski Law Firm, PLLC, you get clear guidance for the unique issues that come with a military divorce. Service obligations, deployments, and federal rules can affect where you file, how quickly your case moves, and how pay and benefits are handled. You deserve a steady plan that respects your service and protects your family. A Charlotte family law attorney can explain your options in plain language and help you take the next right step.
Before you begin, you need to know where your case belongs and how military service affects the timeline. North Carolina allows you to file for absolute divorce when at least one spouse has been a resident of the state for six months before filing under N.C.G.S. § 50-8. Venue is typically the county where either spouse resides. If you are on active duty, the federal Servicemembers Civil Relief Act (SCRA), 50 U.S.C. §§ 3901–4043, can delay certain court deadlines when duty materially affects your ability to appear. Courts may stay hearings and protect your rights so you are not forced into an unfair default while deployed or training.
Temporary orders can keep life stable while the case is pending. North Carolina courts can set temporary custody and visitation under N.C.G.S. § 50-13.2 and § 50-13.5, temporary child support under § 50-13.4, and post-separation support under § 50-16.2A. A Charlotte family law attorney can help you ask for practical terms that fit your duty schedule, including virtual contact and clear exchange plans.
Your child’s best interests come first in every custody decision under N.C.G.S. § 50-13.2. When a parent serves, the plan should account for duty hours, drill weekends, training cycles, and deployments. Courts often use temporary adjustments during deployment, then restore the pre-deployment schedule when the mission ends. Make-up time, liberal virtual contact, and detailed exchange instructions can reduce conflict and keep your child’s routine steady.
If there is an urgent safety or abduction concern, North Carolina permits emergency relief under N.C.G.S. § 50-13.5(d)(3). Most families do not need emergency orders; instead, you can request a prompt temporary hearing for a workable schedule. A Charlotte family law attorney will help you present calendars, orders, and travel realities so the plan is realistic for your unit and your child.
Property division in North Carolina follows equitable distribution under N.C.G.S. § 50-20. When military retirement is involved, federal law—the Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. § 1408—allows state courts to treat disposable retired pay as marital property in a divorce. Direct payment from DFAS requires at least 10 years of marriage that overlapped 10 years of creditable service (the “10/10 rule”), but a court can still award a share even if you do not meet the 10/10 threshold; in that case, payment flows between the parties rather than through DFAS.
Survivor Benefit Plan (SBP) elections protect the former spouse’s share of retired pay after the service member’s death. You should address SBP in your settlement or order with clear deadlines. Other military pay and benefits may be relevant to support and budgets, including Basic Allowance for Housing (BAH), special or incentive pays, and per diem. Thrift Savings Plan (TSP) accounts can be divided by court order, much like a 401(k). A Charlotte family law attorney will help you identify what is marital, gather LES statements, retirement points or creditable service records, and draft orders DFAS will honor.
Child support is set under the North Carolina Child Support Guidelines and entered under N.C.G.S. § 50-13.4. The court looks at gross income (including basic pay and most regularly received allowances), health insurance costs for the child, childcare expenses, and parenting overnights. Temporary support can be ordered early in the case to keep housing, food, and medical needs covered while the case moves forward.
Spousal support in North Carolina includes post-separation support and, if appropriate, alimony under N.C.G.S. § 50-16.2A and § 50-16.3A, with the possibility of later modification under § 50-16.9 when circumstances change. Duty station transfers, promotion, or separation from service can affect need and ability to pay. Building a simple budget with LES, orders, and known allowances helps the court set fair numbers. A Charlotte family law attorney can also address tax treatment and the timing of any adjustments if your pay changes after PCS or ETS.
Good preparation saves time and reduces stress. Start a folder with your LES and W-2s, orders and deployment history, retirement points or service time statements, TSP statements, BAH
documentation, TRICARE information, and any SBP elections. For custody, collect school calendars, travel limits from your command, and a proposed plan that shows how exchanges, holidays, and virtual contact will work around your schedule. If you expect to deploy, line up a short, plain-English temporary plan the court can adopt quickly.
The Olsinski Law Firm, PLLC helps service members and spouses design plans that fit real duty demands and protect children’s routines. With a Charlotte family law attorney guiding the process, you can move forward with confidence, avoid common federal-state pitfalls, and put clear, enforceable terms in place.
To learn more about the services we provide and to speak with an experienced Charlotte family law attorney about your situation, give the Olsinski Law Firm, PLLC a call at 704-251-7439 to schedule a no-obligation consultation.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
