What Makes a Military Divorce Different?

What Makes a Military Divorce Different?

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.


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