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Military marriages face challenges that civilian couples typically don’t encounter, such as extended deployments and frequent relocations. The demands of the military can strain even the strongest relationships. If your marriage has reached its breaking point and there is no turning back or reconciling at this point, it may be the right time to file for divorce. However, many often wonder how divorce will occur given the military background of the other party and the federal and state regulations that must be considered before a divorce ruling can be done.
Fortunately, there are military divorce lawyers you can contact to assist you for these types of divorces. If you or your spouse are stationed in Georgia or are a resident of Atlanta, you can seek the help of experienced military divorce attorneys from Davis and Associates, Attorneys at Law, LLC to assist you throughout the divorce proceedings.
Give Davis and Associates, Attorneys at Law, LLC a call today at (404) 905-8031 to schedule a free consultation or to talk with an Atlanta military divorce attorney today!
What to Know About Military Divorce
A military divorce is a divorce where at least one or both parties are either in active service or have served in the military. Although this divorce will cover issues like asset division, alimony and child custody before it is granted, military divorce is made complicated by the fact court jurisdiction may not be in the same state they are from due to their deployment. Another reason it is made complicated is due to the Servicemembers Civil Relief Act (SCRA), which allows military personnel to request a delay on court proceedings while they are on active duty.
In Georgia, the divorcing pair must meet the residency requirements which is usually 6 months of residency or 12 months residency in one of Georgia’s military bases. They can also opt for Georgia’s courts to rule on their divorce if the state was the last address you and your military spouse lived in as a couple.
Understanding Military Retirement and Pension Rights
One of the most common concerns in military divorce is the division of military retirement benefits and pensions. Unlike traditional divorce where retirement benefits and pensions are fairly allocated under Georgia’s equitable distribution ruling, the distribution of military retirement benefits and pension during a military divorce follows different laws.
Under the Unformed Services Former Spouses’ Protection Act (USFSPA), a military personnel’s retirement pay and pension is considered as marital property which can be divided during a divorce. However, the court will look into how long the couple has been married, how long your spouse was an active member and their rank during the divorce to determine the amount that can be given. Aside from the USFSPA, the court will also abide by the state’s equitable distribution ruling where marital assets and debts will be divided fairly between parties based on their circumstances.
It is highly recommended that couples seek the assistance of a military divorce lawyer, such as Davis and Associates, Attorneys at Law, LLC, to help understand the implications of the USFSPA and Georgia’s property division laws to the distribution of these benefits during the divorce proceedings. They can also help in filing the Qualified Domestic Relations Order (QDRO) with the proper military authorities because it highlights how the retirement funds are divided to allow the spouse to receive a portion of the retirement benefits or pension after their divorce.
Child Custody for Military Families
Another point for contention during military divorces is in the issue of child custody. Military parents may receive deployment orders with little notice, which can quickly disrupt any established custody arrangements. The courts must balance the best interests of the child with the realities of military service, which often means coming up with creative solutions and flexible arrangements that both parents can agree upon.
The military does offer legal protections for military personnel undergoing divorce, such as protecting their custody rights while they are deployed. They will make sure these service members are not overlooked during child custody proceedings because they could not attend. Courts do provide leeway during these instances and allow service members to request for custody modifications once their deployment has ended.
Spousal Support and Military Benefits
When it comes to spousal support and access to other military benefits, military divorce will vary when it comes to how it is computed, which benefits will be given and how long it will be given. Factors such as the spouse’s employment status during the marriage, the length of the marriage and the spouse’s military service will be considered as noted under the USFSPA. Some of the military benefits that will be granted to military spouses after the divorce include continued access to TRICARE’s healthcare program, legal support and financial protection for non-military spouses under the Survivor Benefit Plan.
Since the USFSPA has a strict requirement for military benefits, spousal support and property distribution during divorce proceedings, it is recommended to have a military divorce attorney explain to you how the federal law and state law affect discussions over these key points. You can also opt for an Atlanta uncontested military divorce proceedings to resolve these points if you and your military spouse are open to communicate with one another and get fair access to these benefits.
Get the Legal Assistance You Need
Finding the right Atlanta military divorce lawyer is about more than just finding someone with legal credentials. You need an attorney who understands the culture of military life and the complexities that come along with it. As your experienced Atlanta military divorce attorney, we’re prepared to take a proactive approach to help you save time and money while reducing frustration during a military divorce.
Our military divorce attorneys regularly handle these types of cases and are well aware of different considerations, such as deployment schedules, PCS moves, and military retirements. By selecting a professional military divorce law firm that already has connections to military financial counselors, family support services, and other resources, you can receive the full guidance and support you need during this trying time.
Frequently Asked Questions About Military Divorce
Can ex wife claim my military pension years after divorce?
Yes; but, it will depend on whether it is cited in the divorce decree and if the appropriate documentation, like the QDRO, was filed. Ask our military divorce lawyer to look into this situation for you to see how you can protect your pension from future claims after the divorce or how you can request it even after the divorce.
What is a military spouse entitled to in a separation?
Similar to regular divorce, the military spouse will be entitled to several military benefits and financial support after their divorce, but it will depend on how long they were married and length of military tenure of their spouse. Some examples of benefits include housing allowances, healthcare benefits, pension and child care benefits.
Moving Forward with Confidence
Whether you’re serving in the military or married to someone who is a service member, you may have decided it’s time to end the marriage and move on. If you’re going to get a divorce, hire a military divorce attorney to get you through the legal proceedings while greatly reducing your stress. Although the journey of getting a military divorce likely seems daunting, an attorney will offer the legal guidance needed to ensure you understand the many challenges involved in this process.
Davis and Associates, Attorneys at Law, LLC’s team of experienced Atlanta military divorce lawyers are always ready to review your case and be your legal guide throughout the process. Reach out to us at (404) 905-8031 for an initial consultation to learn more about how we can help and we’ll be ready to work with you to resolve your military divorce as efficiently as possible.
Give Davis and Associates, Attorneys at Law, LLC a call today at (404) 905-8031 to schedule a free consultation or to talk with an Atlanta military divorce attorney today!
