Military Divorce in Georgia
Differences Between Civilian Divorces and 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
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.
Frequently Asked Questions about Military Divorce Laws
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.
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.