Decades of Experience and Skill Guiding Military Families Through Divorce
At the Jody A. Miller, Esq. Attorney At Law, we have helped guide military families through the divorce process since 1992. Military divorces can be especially challenging because one partner often resides in a separate state or country, which adds another layer to the already complex divorce process.
Our Atlanta military divorce lawyer understands that divorce is an emotional and difficult process. Our firm works hard to remove the stress and worries our clients face as they finalize their dissolution. We carefully listen to each client’s unique situation and focus on his or her goals throughout the entire case.
Legal Issues In Military Divorce
Much like other couples, military families must address issues during their divorce such as division of marital property, alimony, child support and child custody, as well as child visitation rights. There are, however, additional elements that must be considered when a military couple decides to end their marriage.
For example, if both the husband and wife reside in Georgia, then a couple can usually proceed through the traditional Georgia divorce process. Most military couples, however, have one partner who resides outside of state lines. This raises questions about where a couple should file their divorce documents and what court has jurisdiction over the proceedings.
Military personnel might have the option of delaying the proceedings under the Soldiers and Sailors Civil Relief Act. This Act allows active duty spouses to petition the court and ask for a postponement until they return and are able to participate in person.
Additionally, military retirement funds are considered marital property and are subject to division by the court. These funds are handled differently depending on the length of the marriage and the amount of time the military spouse has served. We will discuss how these funds will be handled after carefully analyzing your particular situation.
Frequently Asked Questions About Military Divorce
Going through a military divorce? These FAQs can provide clear answers as you navigate through the process.
Are VA disability benefits divided in a Georgia military divorce?
No. Federal law shields VA disability benefits from being treated as marital property. Your former spouse cannot claim any portion of these payments in the divorce settlement.
However, the situation gets more complicated if you have waived part of your military retirement to receive disability benefits. That waiver affects what remains available for the division.
What protections does the Servicemembers’ Civil Relief Act (SCRA) provide during a military divorce?
The SCRA gives active duty members facing divorce real protections when military duties prevent full participation in court proceedings. You can request a stay to postpone the case until you are able to be present for decisions affecting your family and future.
Key protections under the SCRA include:
- Right to postponement: You can request a stay if deployment or military duties prevent you from appearing.
- Length of stay: Courts typically grant stays for the duration of your service obligation plus 60 additional days after you return.
- Full case coverage: These protections extend to all hearings in custody decisions, support arrangements and property division.
Filing the right paperwork at the right time makes these protections work for you rather than against you.
How is military retirement divided in a Georgia divorce?
Georgia treats military retirement pay as marital property subject to division. The court looks at how long you were married and how much of your service time overlapped with the marriage. Georgia applies equitable division, meaning the court decides what is fair based on your circumstances rather than automatically splitting everything in half.
The 10/10 rule matters here. If your marriage lasted at least ten years while you served at least ten years during that marriage, the Defense Finance and Accounting Service can send payments directly to your former spouse.
Even without meeting this threshold, retirement pay can still be divided. Georgia considers factors like length of service, contributions during the marriage and each person’s financial situation.
Contact A Georgia Family Law Attorney
With more than 30 years of experience, we are able to explain each aspect of a couple’s military divorce in a way that is easy to understand. This gives our clients the ability to make well-informed, beneficial decisions about their future and positions them for a successful life post-divorce.
Contact our Atlanta law office online or call 678-805-9576 to schedule a consultation with our experienced divorce lawyer today.