Military Divorce in Georgia

Getting a divorce in the military can be a complicated process, especially since these divorces are often subject to both state and federal laws. Because of this, some lawyers are specially trained to handle military divorces and help military personnel and their spouses navigate the unique legal issues that might arise in their cases.

Differences Between Civilian Divorces and Military Divorces

Civilian divorces and military divorces share many similarities. Both types of divorce involve the same legal process of filing for divorce, negotiating a settlement, and obtaining a divorce decree from the court. However, some key differences only affect military divorces.

Location: There are many factors that determine where a military divorce may be filed, as it is not as cut and dry as a civilian divorce. Contact us today to discuss your options and the best way to move forward.

Jurisdiction: In a civilian divorce, each state has its own laws that govern divorce. However, in a military divorce, federal law also plays a role. The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a federal law that provides certain protections to former spouses of military members, such as the ability to receive a portion of the military member’s pension in some cases.

Child custody: In a civilian divorce, child custody is typically decided based on the best interests of the child. However, in a military divorce, child custody can be more complicated. The Servicemembers Civil Relief Act (SCRA) provides that a deployed parent can temporarily suspend child custody and visitation orders. This law is designed to protect deployed parents from losing custody of their children due to their deployment.

A military divorce attorney can help you navigate these unique aspects of military divorce. They can also provide guidance on how to protect your rights and ensure that you receive the benefits you are entitled to under the law.

The Military Divorce Process

The military divorce process can be complex, and it is important to seek the advice of an experienced attorney. The first step is to file a divorce petition with the court. The petition must be served to the other spouse, who then has a certain amount of time to respond. Once the responses are filed, the court will set a hearing date. At the hearing, both spouses will have an opportunity to present evidence and testimony. The court will then make a ruling on the divorce, which may include a division of property and child custody arrangements. In some cases, the divorce may be final immediately, but in others, there may be a waiting period before the divorce becomes official. Either way, it is important to seek legal guidance throughout the process to ensure that your rights are protected.

Get a Military Divorce Lawyer Today

Since military divorce laws can vary significantly from civilian divorce laws, it’s important to seek an experienced military divorce attorney that’s familiar with both sets of laws. Military divorce attorneys can also help to ensure that military personnel and their families receive the benefits they are entitled to under the law. These attorneys can also provide guidance on how to divide pensions and other retirement benefits. Military divorce can be a complex process, but military divorce lawyers can help make it easier to understand and navigate.

At Fennell, Briasco, & Associates, our lawyers have the experience and knowledge to help you through every step of your military divorce. We understand the unique challenges that you may face during this process and will work tirelessly to protect your rights and interests. Whether you’re stationed overseas or stateside, we can help you navigate the complexities of the military divorce process. For more information on our services or to schedule a free consultation with our military divorce lawyers, contact us today.

Bartow County

Cartersville
Emerson
Euharlee
White

Cherokee County

Woodstock
Canton
Holly Springs

Cobb County

Marietta
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Kennesaw
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Dekalb County

Avondale Est
Decatur
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Cumming

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Roswell
Milton

Paulding County

Acworth
Dallas
Hiram
Braswell

Pickens County

Jasper
Marble Hill
Tate
Talking Rock
Nelson

Frequently Asked Questions about Military Divorce Laws

What are military spouses entitled to in a divorce?

Military spouses are subject to the same laws as civilian spouses when it comes to divorce. They are entitled to a fair and equitable division of property, child custody, and spousal support. However, there are a few key differences that military spouses should keep in mind.

First, military pensions are considered marital property and can be divided in a divorce. Second, child custody and visitation arrangements may need to take into account the unique demands of military life. Finally, spousal support calculations may take into account the fact that one spouse may have sacrificed their career for the sake of the other spouse’s military career. Military spouses should consult with an experienced divorce attorney to ensure that their rights are protected in a divorce.

How long do military divorces take?

Getting a divorce in the military can take anywhere from several months to a year or more to finalize. The process can be complicated by the fact that military personnel are often stationed in different locations, making it difficult to serve divorce papers or attend hearings.

Divorce proceedings may also be complicated by other issues such as child custody or property division. If you file for an uncontested divorce, then the proceedings will be much faster, but contested divorces often take much longer. Ultimately, the length of any divorce proceedings will depend on the specific circumstances of that relationship.

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