Military divorce is not the same as civilian divorce. As a member of the
military or the spouse of a military member who is considering divorce,
it is important you understand what makes a military divorce different.
Service members have specific rights and obligations that will impact
how support is calculated, rights to pension and other military benefits,
as well as custody and visitation. To be eligible to file for divorce
in Georgia, either you or your spouse must reside or be stationed here.
The Soldiers and Sailors Civil Relief Act states that any individual who
is served divorce papers while on active duty can have divorce proceedings
delayed until at least 60 days after he or she returns. Active duty military
members also have the right to waive the postponement of divorce proceedings,
if they so choose. This particular aspect of military divorces is designed
to protect military service members and prevent them from having to address
marital issues while serving on active duty.
Georgia laws govern the distribution of property and how child support
will be paid in a military divorce, however the Uniformed Services Former
Spouses' Protection Act (USFSPA) governs the percentage of a military
retirement benefits an ex-spouse may be eligible to receive. A service
member's spouse may be eligible to receive up to 60 percent of his
or her pay and allowances, providing the couple has been married for at
least 10 years while the service member was on active duty. In certain
cases the spouse of a military service member may be eligible to receive
additional benefits, as long as the couple has been married for at least
20 years, the service member has no less than 20 years of honorable service,
and the marriage and service period have overlapped for at least 20 years.
If you need legal representation in a military divorce, hiring an attorney
from the firm will significantly increase your chances of being able to
achieve the most positive outcome to your divorce. The Lawrenceville divorce
attorney here at Fox Firm, P.C. is an accomplished attorney with more
than 16 years legal experience. He has an 8.2 Excellent Rating on Avvo
and has received an AV Preeminent® Rating by Martindale-Hubbell®.
While the accolades he has received over the years are significant, they
pale in comparison to the results he has been able to achieve on behalf
of the firm's clients.
Call the firm now to find out how to get started.