Your Military Divorce Attorney

Krispen Culbertson, Greensboro family law attorney with 20+ years in Guilford County District Court, focused on military divorce, DFAS retired pay orders under the USFSPA, TSP division, SBP elections, SCRA timing, and parenting plans that work during deployment and PCS.

Memberships: North Carolina State Bar; local family law section. Courts: Greensboro and High Point District Court calendars.

Fast answers

Helpful links: Greensboro Family Lawyer • Greensboro Divorce Lawyer • Greensboro Child Custody Lawyer • Greensboro Child Support Lawyer • Greensboro Alimony Lawyer • Greensboro Property Division Lawyer • Greensboro UIFSA and UCCJEA • Greensboro Modification and Enforcement • Greensboro Appeals and Post-Judgment

Where your case is heard and how filing works in North Carolina

Most military family matters for this area are filed in Guilford County District Court with courtrooms in Greensboro and High Point. For absolute divorce, one spouse must have lived in North Carolina for at least 6 months, and spouses must live separate and apart for one year. While separated, you can file and resolve custody, child support, alimony, and property division.

Service of process may be in state, out of state, or overseas. When service involves a treaty country, we follow the steps that make the judgment enforceable later.

Military jurisdiction, SCRA, and timing

Military life affects jurisdiction and calendars. We address all of these at the start:

• Jurisdiction choices: domicile, consent, or residence that is not based only on orders can support the court’s authority.
• SCRA stays: active duty members can request time to respond and can move to set aside a default that happened during service with proper proof.
• Calendar planning: we coordinate hearings with deployment cycles, leave, and training. When the court allows, we seek remote testimony to keep the case moving.

Child custody and parenting during deployment

Parenting plans for military families focus on stability and clear routines.

• Family Care Plan: identify primary and backup caretakers, then match the plan with the court order so schools and doctors can follow it.
• Schedules that work: long-distance time, block leave windows, and virtual contact while a parent is away.
• Temporary orders for deployment: protect the pre-deployment schedule, then provide a clean return plan for when the parent comes home.
• Relocation and UCCJEA: PCS moves raise home-state and notice questions. We confirm the right court before you spend money in the wrong place.
• Travel and expenses: pick-ups, airport exchanges, and cost sharing should be spelled out.

Start here: Greensboro Child Custody Lawyer

Child support for service members

Support should reflect the income picture and the schedule on the ground.

• Income sources the court reviews: base pay, BAH with or without dependents, BAS, special pays, and bonuses. Guard and Reserve matters include drill points and orders.
• Guidelines: Worksheets A, B, or C with proof from LES, orders, tax returns, childcare, and insurance costs.
• Withholding: wage withholding can go to DFAS or a civilian employer. We prepare clean notices and credits.
• Deployment changes: if income or overnights change for a real reason, we revisit the numbers and file for a modification.

See more: Greensboro Child Support Lawyer

Spousal support with military pay and benefits

Alimony turns on need and ability to pay, plus case factors like employment, health, and budgets.

• Proof to gather: LES, pay records, benefits letters, and a detailed budget with receipts.
• Cohabitation and remarriage: these may end alimony depending on the order or agreement.
• Temporary relief: short-term support can help during separation or deployment.
• Tax angles: current tax rules matter for cash flow on both sides.

Learn more: Greensboro Alimony Lawyer

Military retirement, TSP, SBP, and VA disability

This part of a military divorce needs careful drafting that DFAS will accept.

• USFSPA: the Uniformed Services Former Spouses’ Protection Act allows state courts to divide the marital share of retired pay.
• Retired pay division: the marital share can be divided using a percentage or a formula that references a coverture fraction. COLA usually applies. Guard and Reserve matters use points and retirement type.
• 10/10 rule: DFAS direct pay to a former spouse requires at least 10 years of marriage overlapping 10 years of creditable service. You can still divide the pension even if direct pay does not apply, but DFAS will not send it directly.
• Order language for DFAS: pick a method, address COLA, and avoid vague terms. We use formats DFAS processes without hold ups.
• TSP: divisible like a 401(k) by court order. Choose a percent or a set amount, with or without earnings through a date.
• SBP: separate election that protects the former spouse’s share after death. Choose a base amount, allocate the cost, and file the election on time.
• VA disability and offsets: VA disability pay is not divisible. Reductions to retired pay due to VA disability are not replaced by court-ordered indemnity under current federal law.
• CRDP and CRSC: these programs interact with retired pay. We explain how they can change what DFAS sends.

Cross-links: Greensboro Property Division Lawyer • Greensboro Appeals and Post-Judgment

Health care and base access after divorce

• 20/20/20: an unremarried former spouse may qualify for TRICARE and an ID card if the marriage, service, and overlap meet the rule.
• 20/20/15: some former spouses qualify for a limited TRICARE period.
• Children: DEERS enrollment continues through the service member.
• Practical steps: we help with timelines for DEERS, TRICARE, and base access updates.

Property division with PCS moves, housing, and benefits

• Marital home: keep, sell, or rent. We review VA loan options and who covers costs until sale.
• BAH timing: separation and moves can change eligibility. Coordinate the order with finance and housing.
• Vehicles and household goods: storage, movers, and claims should be part of the plan.
• Budgeting after separation: on-base vs off-base costs and a realistic post-decree budget.

Interstate and international points

Military families often have orders across states or overseas.

• Support under UIFSA: register an out-of-state order, confirm arrears, and apply the issuing state’s duration rules when required.
• Custody under UCCJEA: confirm home state and register the order before asking for enforcement.
• Overseas service: use the correct service of process route, then request remote testimony when permitted.

Read next: Greensboro UIFSA and UCCJEA

Safety planning and protective orders

When safety is an issue, move quickly.

• 50B protective orders: filing, evidence, and temporary custody terms in the same case path.
• Command notification: a protective order can affect access to weapons and duty. We plan for that conversation.
• Move-out plans: safe exchanges, base housing rules, and written pick-up points that are easy to follow.

Related pages: Greensboro Domestic Violence Lawyer 50B • Greensboro Civil No-Contact 50C

Documents and timelines

Bring to your consult or upload securely

• LES and three months of pay records
• Orders for deployment, PCS, or drill schedule
• Retirement point statements or DD-214 if retired
• TSP statements and beneficiary forms
• Prior custody, support, or property orders
• Family Care Plan
• Childcare and health insurance costs
• Tax returns and a current budget

Typical flow in Greensboro

Forms and workflows

• DFAS retired pay order: clear language that DFAS will accept.
• TSP order: percent or set amount, with earnings through a set date.
• SBP election: timely election after the order, with the right base amount.
• Wage withholding: accurate notices for DFAS or a civilian employer.
• Checklists: DEERS, TRICARE, and base access updates after the decree.

FAQs

Why Greensboro families choose Culbertson & Associates

• 20+ years handling military family cases for active duty, Guard, Reserve, and retirees
• Weekly practice in Guilford County District Court with mediation first and trial when needed
• DFAS-ready orders, TSP divisions, and SBP elections filed on time
• Parenting schedules that work around deployment and PCS moves
• Clear fees and timelines, with a step-by-step plan from day one