Gwinnett County Military Divorce Lawyer
Lawrenceville and Lawrenceville Lawyer for Military Divorce
Being in the military and getting divorced is not quite the same as a civilian divorce. First of all, in a civilian divorce, failure of one party to answer a divorce complaint presented by the other party will result in a default action, meaning he or she will likely lose any rights to contest the divorce. But what if a spouse is serving in the military and currently deployed out of the country, especially if he/she is engaged in combat overseas? The spouse may not be able to respond to it in a timely manner, much less even be aware that a divorce complaint has been filed.
Therefore, there are specific state and federal laws that pertain to military divorces. A Gwinnett County military divorce attorney can help you understand the facts about filing for divorce from a spouse active in the military, including how assets could be divided. You should not let an attorney who is not familiar with military law handle your case.
Understanding the Soldiers and Sailors Civil Relief Act
If the spouse being served is on active military duty, it is possible that a divorce proceeding may have to wait until the spouse returns. This could be for the whole period the spouse is gone, with an additional 60 days added when he or she returns. This stipulation is covered under the Soldiers and Sailors Civil Relief Act, 50 UCS Section 521, and is in conjunction with the discretion of the Georgia court. On the other hand, the spouse being served also has the right to waive this postponement. In order for a Georgia court to have jurisdiction over the party serving in the military, that party must be served with a summons and a copy of the divorce action. An exception to this is when the divorce is uncontested. If this is the case, all the military spouse has to do is file a waiver affidavit. This will serve to acknowledge that he or she is not contesting the divorce.
What Makes A Military Divorce Different?
In Georgia, there are certain requirements that must be followed in a military divorce proceeding. First, one or the other spouse must reside in Georgia, or one or the other must be stationed in Georgia. With regard to property distribution, the normal Georgia laws govern this. However, there are additional laws for military personnel when it comes to dividing the military retirement benefits. The Uniformed Services Former Spouses' Protection Act (USFSPA) is the military's governing body that oversees how much of the military retiree's pay is allocated to the former spouse, as well as seeing that the amount is paid. First and foremost, the parties must have been married at least 10 years during the time the member was on active duty. No more than 60% of the member's pay and allowances may be paid out to the former spouse. If there are children under 18 involved, the amount of child support is determined by Georgia laws regarding this matter.
Additionally, there are circumstances where a former spouse of a military member may continue to receive certain benefits after a divorce. These include being eligible to use the commissary and exchange as well as health care benefits. It is incumbent on the spouse of the member to prove that the marriage was intact for at least 20 years, and that the member served for at least 20 years of honorable service, and that the duration of the marriage overlapped the period of service for at least 20 years.
Contact Experienced Military Divorce Legal Counsel Today
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 Gwinnett County military divorce lawyer 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.
Contact a Gwinnett County military divorce attorney that understands this area fully and can help you retain all of your rights.
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